LIBRARY OF CONGRESS. 



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UNITED STATES OF AMERICA. 



THE 



CIVIL GOVERN 



WITH CHAPTERS ON 



POLITICAL MACHINERY, 



The Government of the United States. 



j. £oc 






By W. J. COCKER, A. M., 

SUPERINTENDENT OF SCHOOLS, ADRIAN, MICH. 



5 






X. 



//*;^ ' 



DETROIT: 

RICHMOND, BACKt'S 4 CO., LAW BOOK PUBLISHERS. 

18 8 3. 






JK 



Entered according to Act of Congress, in the year eighteen hundred and seventy-nine, 

By W. J. COCKER, 

In the office of the Librarian of Congress, at Washington, D. C. 



PEEFACE. 



The design of this book is to meet the want, for some time felt in our 
public schools, of a text-book on the government of our own State. 
There is a growing demand for accurate elementary instruction on the 
nature of our State Government, and the duties of our public officers. 
The attempt to group together the officers of different States and define 
their powers, is unsatisfactory, for the reason that States differ greatly in 
the number of officers, and in the nature of their duties. In text-books 
which thus treat of State Governments in general, many of our State, 
county, and township officers are omitted, and duties are assigned to 
some of our public officers which do not belong to them, although such 
duties are performed by similar officers in other States. Accurate knowl- 
edge concerning the functions of our own officers demands a text-book 
that deals exclusively with the peculiarities of our own State Government. 

The aim of the book is to present, in as concise and clear a manner as 
possible, the political system of the State, indicate the functions of the 
departments of our State government, describe the duties and powers of 
the various executive, legislative, and judicial officers, and give some of 
the leading features of our educational, charitable, and reformatory institu- 
tions. Only the more important duties of officers are described, so that 
the minds of pupils may not be confused with numerous details, and 
yet ample means are afforded for obtaining a clear and discriminating 
knowledge of the powers of these officers. 

The book is designed not only for schools, but also for general use. 
There is a lamentable amount of ignorance, even among educated men, as 
to the workings of our political system. It is absolutely indispensable in 
a republic that every one should understand the functions of the govern- 
ment and the obligations of citizenship, so as to discharge intelligently the 
duties of an elector. 

The author is under great obligation to His Excellency, Gov. Charles 
M. Croswell, for valuable information, and for numerous State documents ; 
and to Hon. C. A. Gower, Superintendent of Public Instruction, for valuable 
notes and suggestions. He is also indebted to various authorities for sug- 
gestions and subject-matter. 

W. J. COCKER. 

Adrian, Mich., Dec. 26, 1879. 



TABLE OF COJ^TErSTTS. 



Page- 
state OFFICERS, 7-14 

COUNTY OFFICERS, 15-23 

TOWNSHIP OFFICERS, s 24-30 

CITIES AND VILLAGES, .... 31-40 

LEGISLATIVE DEPARTMENT, - - - 41-50 

JUDICIAL DEPARTMENT, ... - 51-64 

ELECTIONS, 65-75 

TAXATION, 76-81 

PUBLIC SCHOOL SYSTEM, ... - 82-108 

STATE INSTITUTIONS, - - - 109-119 

STATE MILITIA, 120-128 

POLITICAL MACHINERY, - 129-140 

GOVERNMENT OF THE UNITED STATES, - - 141-150 

CONSTITUTION OF THE STATE, - - - 151-206 

INDEX, - 207-224 



GOVERNMENT OF MICHIGAN. 



CHAPTER I. 



STATE OFFICERS. 

State Constitution. — Prior to the admission of a State 
into the Union, it is required to form a Constitution that 
shall be essentially republican. The theory of a republic is 
that all the powers which are wielded by the government 
must be conferred by the whole people. A Constitution 
must determine what powers are conferred, and within what 
limits the functions of the government shall be exer- 
cised. Accordingly provision is made for the calling of a con- 
stitutional convention, the office of which is to frame what is 
called the constitutional or the fundamental principles which 
lie at the basis of a State government. When their work is com- 
pleted, it must be submitted to the whole people for ratifica- 
tion. All subsequent legislation must be strictly within the 
limits which are defined by the Constitution. 

In England they have what is called an unwritten constitution, which 
rests upon common usage, special grants, and judicial decisions. It really 
consists in the gradual surrender of what are called the vested rights 
acquired by the aristocracy in feudal times, and of the absolute power of 
the monarch. 

Revision and Amendments.— The Constitution may be revised 
or amended by a constitutional assembly, the call of which is 
authorized by the Legislature, and must be again submitted to 
the people for ratification ; or single amendments may be sug- 
gested by the Legislature and submitted to the people. This 
latter method has now come to be the more general practice. 

2 



8 CIVIL GOVERNMENT. 

Members of the Legislature, and executive and judicial officers, before 
entering on the duties of their respective offices, are required to take and 
subscribe the following oath or affirmation : "I do solemnly swear (or 
affirm) that I will support the Constitution of the United States and the 
Constitution of this State, and that I will faithfully discharge the duties of 
the office of according to the best of my ability." 

Departments of Government. — The government of the State 
[s divided into three departments, — the legislative, the judicial, 
and the executive. The legislative department makes the 
laws, the judicial interprets them, and the executive carries 
them into effect. No officer belonging to one department 
can exercise the powers properly belonging to any other. 
The officer whose duty it is to execute the laws can not decide 
the guilt or innocence of those accused of breaking the laws, 
and those who make the laws are not allowed to apply or carry 
them into execution. The great safeguard of all free govern- 
ments is to keep these three departments entirely distinct, so 
so that they may mutually act as a check upon each other. 
When the legislative, judicial, and executive functions are 
exercised by one person, the government becomes a despotism. 

State Officers. — At the general election, which occurs every 
two years, State officers are elected. They are called State 
officers, because their duties pertain to the whole State. The 
executive officers of the State are, — 
i. Governor, 

2. Lieutenant Governor, 

3. Secretary of State, 

4. Treasurer, 

5. Auditor General, 

6. Commissioner of the Land Office, 

7. Attorney General, 

8. Superintendent of Public Instruction. 



STATE OFFICERS. 



Governor. — The Governor is the chief executive officer of 
the State. It is his duty to look after the general interests of 
the State, and to see that the laws are faithfully executed and 
enforced in all parts of the State. He is required, — , 

i. To give to the Legislature information, by message, of 
the condition of the State, call their attention to mat- 
ters of State interest, and recommend such measures as 
he may deem expedient. 

To convene the Legislature when matters arise which 
require their immediate attention. 

3. To preserve peace and good order within the State, 
suppress riots, and repel invasion. To this end the 
Governor is Commander-in-Chief of all the military 
forces of the State. 

4. To fill vacancies in State offices, and to appoint certain 
State boards. 

The Governor has the power to grant pardons or to lessen 
the severity of a sentence. He is aided in the performance 
of his various duties, — 

1. By the State officers; 

2. By boards and commissioners. 

No person is eligible to the office of Governor or Lieutenant Governor 
who has not been a citizen of the United States for five years, and a resident 
of the State for two years. He must also have attained the age of thirty 
years. 

Licute?iant Governor. — The Lieutenant Governor, by vir- 
tue of his office, is the presiding officer of the Senate. If 
there is a vacancy in the office of Governor, or the Governor 
is absent from the State, or is incapable of performing the 
duties of his office, the Lieutenant Governor takes his place 
and performs his duties. 



IO CIVIL GOVERNMENT. 



Secretary of State. — This officer preserves all books and 
papers belonging to the State, and keeps a record of the offi- 
cial acts and proceedings of the legislative and executive 
departments. He is required, — 

i. To countersign all commissions and proclamations 
issued by the Governor ; 

2. To publish and properly distribute the laws of the 
State; 

3. To receive returns of State and national elections, 
and reports from corporations organized under the 
State law ; 

4. To perform various other duties. 

Treasurer. — The Treasurer receives and has charge of all 
money belonging to the State. He is required to make an 
annual report to the Legislature of all money received and paid 
out by him during the year, and of the amount remaining in 
the treasury. No money can be paid out of the treasury 
except in pursuance of appropriations made by law. 

The Treasurer is obliged to give bonds, for the faithful performance of 
his duties, to the sum of one hundred and fifty thousand dollars. 

Auditor General — The Auditor General is required to 
examine the Treasurer's account of money received and paid 
out by him, and the money in the treasury, and he makes a 
complete statement to the Legislature of the funds and reve- 
nues of the State, together with such recommendations for the 
improvement of the financial condition of the State as he 
may deem expedient. He examines all claims against the 
State and orders the payment of those that are just ; superin- 
tends the collection of money due to the State, and appor- 
tions the State tax among the several counties. He is the 
guardian of the public treasury. No money can be paid out 



STATE OFFICERS. 



of the treasury except on the warrant of the Auditor General, 
and all receipts for money paid to the Treasurer must be 
countersigned by him. 

Commissioner of the Land Office. — The Commissioner of 
the Land Office has the general charge and supervision of all 
lands belonging to the State, and he is authorized to sell or 
dispose of them in such a manner as may be prescribed by- 
law. 

Attorney General. — The principal duties of the Attorney 
General are, — 

i. To give his opinion upon all questions of law submitted 
to him by any State officer or by the Legislature ; 

2. To advise with Prosecuting Attorneys in all matters 
pertaining to the duties of their office, when so 
requested by them ; 

3. To prosecute and defend all actions in the Supreme 
Court in which the State is interested, and appear for 
the people of the State in all suits, when requested by 
the Governor or by either branch of the Legislature. 

Superintendent of Public Instruction. — The Superinten- 
dent of Public Instruction has the general supervision of the 
educational interests of the State. It is his duty to promote, 
as far as possible, the efficiency of the public school system. 
Institutions of learning are at any time subject to his visita- 
tion and examination, and they are annually required to 
report to him their condition and progress. 

Boards and Commissioners. — Certain boards and commis- 
sioners are selected to assist the Governor in the performance 
of his duties. They have the general supervision and control 
of various State institutions, and they perform duties which 
concern the welfare of the whole State. These boards and 
commirsioners are selected in three ways: — 



12 CIVIL GOVERNMENT. 



i. Some are appointed by the Governor with the advice 
and consent of the Senate. 

2. Others are elected by the people. 

3. State officers by virtue of their office serve on certain 
State boards. 

State Legislature. — The State Legislature is composed of 
two houses, the Senate and the House of Representatives. The 
Senate consists of thirty-two members, and the House of one 
hundred. The Legislature enact laws, devise means for raising 
money to meet the public expenses of the State, and perform 
such other duties as the Constitution and laws of the State 
require. They have power to confer upon the Boards of 
Supervisors of the several counties, and upon organized town- 
ships, and incorporated villages and cities, such local powers 
of legislation and administration of affairs as they deem 
proper. Members of the Legislature are elected for two years. 

Supreme Court. — The Supreme Court is the highest judicial 
court in the State. It consists of one Chief Justice and three 
Associate Judges. They have a superintending control over 
all the courts of the State, and they decide points of law 
appealed to them, for their decision, by the lower courts. 
Questions as to the constitutionality of any legislative enact- 
ment are decided by this court. The Judges are elected for 
eight years, one being elected every two years. 

Laws enacted by the Legislature must not conflict with any of the 
requirements of the State Constitution. 



STATE OFFICERS. 1 3 



STATE OFFICERS. 

The Chief Executive. — Governor. 
Presiding Officer of the Senate. — Lieutenant Governor. 



[Secretary of State, 
I State Treasurer, 
J Auditor General, 

Officers. 



Assistant Executive 



Commissioner of the Land Office, 
Attorney General, 
_ Superintendent of Public Instruction. 

T ( Senators, 

Legislative. J. 

I Representatives. 

T ^dtctat j Chief Justice of the Supreme Court, 

[ Associate Judges. 

Boards and Commissioners. 



SALARIES. 




Governor, - 


#1,000 


Lieutenant Governor, - 


(0 — 


Secretary of State, - 


800 


Deputy Secretary of State, 


1,800 


State Treasurer, 


1,000 


Deputy State Treasurer, - 


1,800 


Auditor General, ... 


1,000 


Deputy Auditor General, ... 


1,800 


Commissioner of the Land Office, 


800 


Deputy Commissioner of the Land Office, - 


i,8oo 



14 CIVIL GOVERNMENT. 



Attorney General, - 800 
Superintendent of Public Instruction, - - 1,000 
Deputy Superintendent of Public Instruction, 1,800 
Judges of the Supreme Court, ... 4,000 
Members of the Legislature, - - ( 2 ) 

(i) The Lieutenant Governor, when performing the duties of Governor, 
receives the same compensation. As presiding officer of the Senate, he 
receives the same compensation as other members of the Senate. 

(2) Members of the Legislature receive three dollars a day while the 
Legislature is in session, and ten cents a mile for expenses in going to and 
returning from the place of meeting. The Legislature may allow extra 
compensation to members from the Upper Peninsula, of not to exceed two 
dollars- a day. They are supposed to attend a session at a greater incon- 
venience than those from the Lower Peninsula. When the members are 
convened in extra session, their compensation is three dollars per day, for 
the first twenty days, and nothing afterwards. This is for the purpose of 
limiting the length of the extra session. 



COUNTY OFFICERS. 15 



CHAPTEE II. 



COUNTY OFFICERS. 

Counties. — It would not be possible for the different State 
departments to attend to the public business and the special 
wants of every part of the State. All that they can do is to 
superintend the welfare of the State as a whole. Then, 
again, regulations that might be needed in one part of the 
State might be unnecessary or detrimental to the interests of 
another, so that there are certain matters that must necessarily 
be left to the decision of the people of limited districts of 
territory. The State is accordingly subdivided into counties 
and officers are appointed in each county to attend to its more 
immediate interests. This division is necessary for three 
reasons: — 

1. The Governor, and other executive State officers, can 
not personally see to it that the laws are executed and 
enforced in all parts of the State, without the assistance 
of local executive officers. 

2. The Legislature can not always adopt measures that 
will meet the special wants of every part of the State. 

3. It is necessary that local courts should be established 
in all parts of the State, so that the rights of every 
citizen may be the better protected, and justice be more 
readily administered. 

In England, the word shire is equivalent to our word county ; in Prussia, 
province nearly corresponds to it; in France, department. 



I 6 CIVIL GOVERNMENT. 

County Officers. — At the general election, when State offi- 
cers are elected, the following county officers are also elected : 
i. Sheriff, 

2. Clerk, 

3. Treasurer, 

4. Register of Deeds, 

5. Prosecuting Attorney, 

6. Surveyor, 

7. Coroners, 

8. Circuit Court Commissioners, 

9. Probate Judge. 

These officers, with the exception of Probate Judge, are 
elected for two years. 

The officers mentioned above, with the exception of Prosecuting 
Attorney, are required to give bonds to an amount designated by law, for 
the faithful performance of their duties. 

County Seat. — In every county, some town is selected where 
the business of the county is transacted. This is called the 
county seat. Here there is a court-house, a jail, county offi- 
ces, and other public buildings. The county seat stands in 
about the same relation to the county that the city of Lansing 
stands to the State. 

Sheriff. — The Sheriff is the principal executive officer of 
the county. He is required, — 

1. To preserve peace and good order within the county. 
To do this he may demand the aid of others, and even 
employ the assistance of any portion of the State 
troops. 

2. To attend all the sessions of the Circuit Court when 
held within the county, preserve order in the court 
room, and execute all writs and orders of the court. 



COUNTY OFFICERS. 1 7 



3. To take charge of the county jail. He is responsible 

for the safe keeping of the prisoners confined in the 

jail. 

The Sheriff appoints an under sheriff and deputies to assist 

him in the performance of his duties. He is held responsible 

for their acts. 

1. The Sheriff is prohibited by law from holding the office longer than 
four years in any period of six years. He does not receive a salary, but he 
receives certain fees fixed by law. 

2. When there is a vacancy in the office of Sheriff, the under sheriff 
performs the duties of the office, until another Sheriff is elected. 

Clerk. — The County Clerk is the clerk of the Board of 
Supervisors. It is his duty to keep a record of the proceed- 
ings of the Board, preserve all accounts acted on by them, 
and perform such other duties as they may require. He is 
also clerk of the Circuit Court, when it is held within the 
county. He is required, — 

1. To keep a journal of the proceedings of the Circuit 
Court, and preserve all books and papers belonging to 
the office ; 

2. To administer oaths to witnesses and jurors ; 

3. To keep a record of births, deaths, and marriages ; 

4. To draw the grand and petit juries, and to perform 
various other duties. 

The Clerk is required to appoint one or more deputies, and to designate 
one of them as his successor, in case of a vacancy in the office. He 
receives both a salary and fees, the salary being fixed by the Board of Super- 
visors. 

Treasurer. — The Treasurer, among his other duties, is 
required, — 

1. To receive and have charge of all money belonging, 
to the county ; 



1 8 CIVIL GOVERNMENT. 



2. To receive from the Township Treasurers the State tax, 
and pay it over to the State Treasurer ; 

3. To conduct the annual sales of lands on which the 
taxes have not been paid. 

Money is paid out of the county, treasury on the order of 
the Board of Supervisors. Money orders are signed by the 
clerk and countersigned by the chairman of the Board. 

1. Moneys paid to the Treasurer on account of fines, forfeitures, penal- 
ties, and recognizances, are kept separate and distinct from all other accounts, 
and credited to the school library fund, and paid over to the Treasurers of 
the several townships, according to the number of school children in each 
township. 

2. The Treasurer receives a salary, fixed by the Board of Supervisors, 
and fees. If there is a vacancy in the office, the deputy performs his 
duties. The Board of Supervisors may, however, select another Treasurer, 
if the interests of the county so require. 

Register of Deeds. — It is the duty of the Register of Deeds 
to keep a record of all deeds, mortgages, and other papers 
which are required by law to be recorded. In this way it can 
be readily ascertained when property is mortgaged, and to 
what extent, and whether the legal title is good. All trans- 
fers of property and legal instruments are in this way pre- 
served, so that they can easily be referred to at any time, by 
interested parties. 

The Register of Deeds receives a certain amount, prescribed by law, for 
every one hundred words recorded. He receives other fees, but no salary. 

Definitions. — A deed is an instrument in writing, by which 
real estate is transferred from one person to another. 

A mortgage is the conveyance of land to another as 
security for the payment of a debt. 

A title is an instrument which is the evidence of exclusive 
possession. 



COUNTY OFFICERS. 19- 



Prosecuting Attorney. — The Prosecuting Attorney is the 
legal officer of the county. It is his principal duty to prose- 
cute all persons who have been guilty of any crime within 
the county, give legal advice to county officers in the discharge 
of their duties when so requested, and prosecute and defend 
all suits in the county in which the county is interested. 

The Prosecuting Attorney recsives a salary, but no fees. The salary is- 
fixed by the Board of Supervisors. 

Surveyor. — The Surveyor makes such surveys in the county 
a? are required by any court or any person residing in the 
county. He determines the location and boundaries of lands, 
2nd keeps a record of all surveys made by himself or his 
deputies. All surveys are required to be made in accordance 
with certain principles established by law, so that there may 
be a uniform system of land surveying in the several counties 
of the State. 

1. The Surveyor and his deputies receive a compensation of not less 
than four dollars a day and fees. 

2. When there is a vacancy in the office, the Prosecuting Attorney and 
the County Clerk may appoint some one, for the time being, to perform the 
duties of Surveyor. 

Coroners. — Two Coroners are elected in each county to 
investigate the causes of all sudden and suspicious deaths 
within the county. When a dead body is found, a coroner's 
jury of six men is assembled to ascertain, if possible, the cause 
of the death, and if they have reason to believe that murder 
has been committed, a verdict to that effect is rendered, and 
information of the fact is filed with the proper authorities. 
Their duty is an important one, and is designed to make life 
more secure. Coroners are sometimes required to perform the 
duties of a Sheriff. This is when the Sheriff is an interested 
party in a suit. 



.20 CIVIL GOVERNMENT. 



A vacancy in the office of Coroner is filled in the same manner as in 
that of Surveyor. The Coroners receive fees. 

Circuit Judge. — A Circuit Judge is elected in what is called 
a judicial circuit, which usually consists of two or more coun- 
ties. He goes from one county to another, and at specified 
times holds a session of the Circuit Court in each county 
within the limits of his circuit ; so that he may be properly 
called one of the judicial officers of the county, although he 
is elected in a district composed of several counties. It is the 
duty of the Circuit Judge to preside at all sessions of the Cir- 
cuit Court. He is elected at the spring election in April, for 
a term of six years. 

1. The first circuit consists of the Counties of Lenawee and Hillsdale; 
the second of Cass and Berrien ; the third of Wayne; etc. 

2. The salary of a Circuit Judge is two thousand five hundred dollar.-* 
annually, without any fees or perquisites whatever. 

Circuit Court Commissioners. — In each county of the State 
there is a Circuit Court Commissioner, and in some of the 
larger counties there are two. They are authorized to perform 
all the duties and execute all the powers, in all civil cases, 
which a Circuit Judge may perform and execute out of court, 
•subject, however, to certain limitations. They may, in other 
words, perform many of the duties that a Circuit Judge would 
be obliged to perform, if it were not for their assistance. 

1. Testimony in a chancery suit may be taken by a Circuit Court Com- 
missioner, and injunctions may also be granted by this officer. Circuit 
Court Commissioners receive fees, not a salary. 

2. In counties containing a population of twenty thousand inhabitants, 
two Circuit Court Commissioners are required to be elected. 

3. The Governor is authorized to fill any vacancy in this office. 

Probate Judge. — In each county, a Probate Judge is elected 
for a term of four years. The election occurs at the same 



COUNTY OFFICERS. 21 



time as that of Sheriff, Clerk, Treasurer, etc., with this differ- 
ence, that a Probate Judge is elected once in four years, while 
other county officers are elected every two years. The Pro- 
bate Judge has jurisdiction over all matters pertaining to the 
settlement of the estates of deceased persons. 

1. His salary is fixed by the Board of Supervisors. The salary can not 
exceed fifteen hundred dollars, except in the county of Wayne where the 
salary of the Judge of Probate is two thousand seven hundred and fifty 
dollars. 

2. The Governor is authorized to fill any vacancy in the office of Pro- 
bate Judge. 

Board of Supervisors. — In each county there is a county 
Board of Supervisors, consisting of one Supervisor from each 
township, and one from each ward of a city. The Board of 
Supervisors is a legislative body. They are the representatives 
of the county, and they adopt measures for its general welfare. 
It is their duty, — 

i. To have general care and supervision of the county 
buildings, as the court-house, jail, etc. ; 

2. To provide for the raising of money to meet the cur- 
rent expenses of the county, and fix the salaries of 
certain county officers, as Clerk, Treasurer, Prosecut- 
ing Attorney, Probate Judge ; 

3. To apportion the State and county tax among the sev- 
eral townships; 

4. To equalize the taxes 'among the townships of the 
county; 

5. To examine and settle all claims against the county, 
and order the payment of those that are just ; 

6. To divide the county into representative districts ; 

7. To form new townships and alter the boundaries oi 
others. 



2 2 CIVIL GOVERNMENT. 



In Wayne county there is a Board of County Auditors, as well as a 
Board of Supervisors. The Board of Auditors perform all the duties that 
are usually performed by a Board of Supervisors, except rhose relating to 
taxes. The equalizing of the taxes among the several townships, the 
apportionment of the State and county tax, and all other matters connected 
with the assessment and collection of taxes, are powers exercised by the 
Board of Supervisors. 

Superintendents of the" Poor. — In every county, three Super- 
intendents of the Poor are elected by the Board of Supervisors. 
They have, — 

i. The care of the poor of the county ; 
2. The general management of the county poor-house, 
and the appointment of a keeper and other necessary 
officers. 
The Superintendents of the Poor are also inspectors of jails. 

The Superintendents are elected for three years, one being elected each 
year. The Board of Supervisors allow them such a sum for the perform- 
ance of their duties as they deem proper. 

The Poor. — Poor persons needing relief are usually sup- 
ported at the expense of the county in which they reside. 
When a poor person needs only temporary relief, a Superin- 
tendent of the Poor or a Supervisor is authorized to supply his 
immediate necessities. If, however, it is evident, on examin- 
ation, that a person is unable to support himself, and that he 
needs permanent relief, he is sent to the county poor-house, 
and supported at the expense of the county, under the direc- 
tion of the Superintendents of the Poor. 

Township and County Poor. — In a few counties of the State, 
there is a distinction made between township poor and county 
poor. If a poor person has resided in a township for one 
year, he is said to have gained a settlement in the township, 
and if he needs relief, it is furnished at the expense of the 



COUNTY OFFICERS. 



2 3 



township. If such a person has not gained a legal settlement, 
he is supported at the expense of the county. 

COUNTY OFFICERS. 



f Sheriff, 

Clerk, 

Treasurer, 

Register of Deeds, 

Prosecuting Attorney, 

Surveyor, 

Coroner, 
^ Superintendents of the Poor. 



Executive. <J 



f Circuit Judge, 

Judicial. -{ Circuit Court Commissioners, 

^ Probate Judge. 

Legislative. { Board of Supervisors, 



24 CIVIL GOVERNMENT. 



OHAPTEE III. 



TOWNSHIP OFFICERS. 

Towns hips. ^Tho, State is not only divided into counties, 
but each county is divided into smaller divisions called town- 
ships. The township is the smallest division of our political 
system. It approximates to a pure democracy. Here the 
people meet together to discuss the affairs of the township, 
and to adopt measures for the general welfare. 

A ward in a city corresponds to a township in the county. 

Township Meetings. — The annual meeting of each town- 
ship is held on the first Monday in April. At this annual 
meeting officers are elected, money is appropriated to meet 
the expenses of the township, and matters of interest con- 
nected with the township are discussed. Townships have 
been truly called the nurseries of a free government. Their 
influence can not be overestimated. In them the people 
learn the art of self-government. 

Special meetings of the township may be ordered by the Township 
Board to fill vacancies or transact business. 

Township Officers. — At the annual meeting of the town- 
ship the following officers are elected : — 

i. Supervisor, t 

( 2. Clerk, 

3. Treasurer, 

4. School Inspector, 



TOWNSHIP OFFICERS 25 

5. Highway Commissioner, 

6. Drain Commissioner, 

7. Justices of the Peace, 

8. Constables. 

Township officers are elected for one year, with the ex- 
ception of Justices of the Peace, who are elected for four 
years, and School Inspectors and the Drain Commissioner, 
who are elected for two years. 

1. Most of the township officers are obliged to give bonds for the faith- 
ful performance of their duties. 

2. When there is a vacancy in any township office, except Justice of the 
Peace and Treasurer, the Township Board may make a temporary appoint- 
ment, until a special town meeting is held for the purpose of choosing some 
one to fill the vacancy. If the office of Treasurer is vacant, the Township 
Board is authorized to fill the vacancy for the remainder of the term. A 
vacancy in the office of Justice of the Peace may be filled by a special 
township meeting. 

Supervisor. — The Supervisor is the principal officer of the 
township. He is, — 

1. The moderator of all township meetings for the trans- 
action of any business, except the election of township 
officers. 

Certain officers designated by law have charge of elections. 

2. The chairman of the Township Board, and a member 
of the Board of Supervisors of the county. 

3. The representative of his township in the transaction 
of all legal business. The township sues through him, 
and all processes against the township are served upon 
him. 

The Supervisor is annually required to make out a complete 
list of all persons liable to be taxed, together with a correct 
valuation of all taxable property. He then assesses upon the 
property of each, his proportion of the tax to be raised for 



26 CIVIL GOVERNMENT. 



State, county, and township purposes. This tax-list is handed 
over to the Township Treasurer for collection. He also 
provides temporary relief for the poor of his township, and 
performs various other duties. 

Every tenth year the Supervisor is required to take a census of all the 
inhabitants of his township, and every year he is also required to ascertain 
the number of births and deaths during the year. He reports the results 
to the County Clerk. 

Clerk. — The Township Clerk is required to keep a correct 
report of the proceedings of the Township Board and of town- 
ship meetings. He has the custody of the records, books, and 
papers of the township, keeps an account of all funds received 
and paid out by the Treasurer, and performs many other 
duties. 

The Clerk is a member of the Township Board and of the Board of 
School Inspectors. He appoints a deputy, who discharges his duties in 
case of absence, sickness, or death. 

Treasurer. — The Treasurer receives and has charge of all 
money belonging to the township, keeps an account of all 
receipts and expenditures,and accounts to the Township Board 
for all money received or paid out by him. Money is paid 
out of the township treasury on the order of the Township 
Board, signed by the clerk and countersigned by the chairman. 
The Treasurer collects the taxes, and pays over to the County 
Treasurer the State and county tax. 

No one is eligible to the office of Township Treasurer for more than 
two years in succession. 

School Inspectors. — The School Inspectors are members 
of the Township Board of School Inspectors, whose duty 
it is to divide the township into school districts, and to regu- 
late and alter boundaries as circumstances render necessary. 
They also receive from the Township Treasurer all money 



TOWNSHIP OFFICERS. 27 

belonging to the township library, they purchase books, and 
have the general management of the library. The Board 
of Inspectors consists of the School Inspectors and the 
Township Clerk. 

Highway Commissioner. — The Commissioner of Highways 
has the general care and supervision of all highways and 
bridges within the township. He has the power, within cer- 
tain limitations, of establishing new roads and discontinuing 
old ones. It is his duty to divide the township into road 
districts, and to select persons residing within each district to 
work on the highways. Over each district is placed an Over- 
seer of Highways. 

Overseers of Highways. — At each annual meeting of the 
township, one Overseer of Highways is appointed for each road 
district. It is his duty to repair and keep in order all the 
highways within his district, see that persons assessed to work 
on the highways perform their duties, cause all noxious weeds 
within the limits of the highways to be destroyed, and execute 
the orders of the Commissioner of Highways. 

If the township meeting neglects to elect Overseers of Highways, or 
there should be a vacancy in the office, it is the duty of the Commissioner 
of Highways to fill any such vacancy. 

Fence Viewers. — Overseers of Highways act as Fence 
Viewers. It is their duty to settle disputes respecting the 
building of partition fences. If persons occupying adjoin- 
ing lands are unable to agree in regard to the building or 
repairing of a partition fence, a complaint may be made, by 
either one of the parties, to two or more Fence Viewers of 
the Township. The Fence Viewers after due notice to each 
party, and after proper examination, assign to each his 
share of the fence to be built or repaired, and designate the 
time within which the work must be done. 



28 CIVIL GOVERNMENT. 



1. Fence viewers are paid one dollar a day by the persons employing 
them. 

2. It is the duty of the occupants of adjoining lands to keep up and 
maintain partition fences in equal shares, so long as both parties continue 
to improve the lands. 

Drain Commissioner. — It is necessary that there should be 
a uniform system of drainage within a township, and for this 
reason an officer is elected to supervise the construction of all 
drains. This officer is called a Drain Commissioner. It is his 
duty to establish and open up all water-courses within his 
township, to locate and construct ditches or drains, and to 
alter or extend those already established. The Drain Com- 
missioner is elected for a term of two years. 

When there is a vacancy in this office, it is the duty of the Township 
Board to fill the vacancy. 

Justices of the Peace. — Justices of the Peace are the judicial 
officers of the township, and are elected for a term of four 
years, one being elected each year. They issue warrants and 
orders, administer oaths, and have jurisdiction, within their 
own township, of offenses of minor importance. They may also 
try offenses committed in a neighboring township of the same 
county. A Justice of the Peace is authorized to solemnize 
marriages. 

Justices of the Peace, as well as ministers, are required to make a 
record of all marriages solemnized by them, and to send a copy of each to 
the County Clerk. 

Constables. — Constables are the ministerial officers of the 
Justices of the Peace. Their duties in the township and in a 
Justice's Court correspond, in a great measure, to the duties of 
a Sheriff. They preserve the public peace of the township, 
arrest disorderly persons, have the custody of prisoners, and 



TOWNSHIP OFFICERS. 29 

serve writs and orders of the court. They also attend upon 
the sessions of the Circuit Court when notified to do so by the 
Sheriff. 

1. A ministerial officer is one who acts under the orders of another, an 
executive officer. 

2. As many Constables are elected as the township meeting may deter- 
mine. The number can not exceed four. Constables may serve papers in 
any township in their county. 

Township Board. — The Supervisor, the two Justices of the 
Peace whose term of office soonest expires, and the Township 
Clerk, constitute the Township Board. It is the duty of this 
Board to examine the accounts of the Township Treasurer, and 
settle all claims against the township. They may call special 
meetings of the township, and fill vacancies in township 
offices. 

The Township Board may raise money for township purposes, when the 
township meeting has neglected to do so. 

Pound Masters. — A pound is an enclosure in which stray 
animals are kept until they are claimed by the owners. The 
person having charge of a pound is called a Pound Master. 
The township meeting may establish such regulations restrain- 
ing domestic animals from running at large as it may deem 
proper, and may maintain one or more pounds. Before the 
owner can recover an animal confined in a pound, he is 
required to pay the fees of the Pound Master, of the person 
driving the animal to the pound, and for the expense of keep- 
ing it there. A person whose land has been injured by some 
stray animal, may cause it to be confined in a pound, until 
the damages are paid for. 

The person driving stray animals to a pound is entitled to fifty cents a 
head for horses, cows, and other cattle, and ten cents a head for sheep 
and swine. The Pound Master is entitled to forty cents a head for all 
animals confined in the pound. 



3° 



CIVIL GOVERNMENT. 



TOWNSHIP OFFICERS. 



Executive. 



' Supervisor, 
Clerk, 
Treasurer, 
School Inspectors, 
Highway Commissioner, 
Overseers of Highways, 
Fence Viewers, 
Drain Commissioner, 
Constables 



Judicial. 



-J Justices of the Peace. 



Legislative. ^ Township Meeting. 



Boards. 



\ Board of School Inspectors, 
1 Township Board. 



Township officers do not receive a salary, but are paid for each day 
necessarily devoted by them to the service of the township. The School 
Inspectors and the Highway Commissioner receive one dollar and a half 
per day; the Drain Commissioner, such amount, not exceeding three 
dollars per day, as may be fixed by the Township Board ; the clerk, one 
dollar and a half per day and fees; the Justices of the Peace and Con- 
stables, fees ; members of the various Boards in the township, one dollar 
and a half per day; the Supervisor, two dollars per day and fees. When 
the Supervisor attends a meeting of the Board of Supervisors, he receives 
three dollars per day and mileage. The Township Board allows such 
compensation to township officers, for services not provided for by law, 
as they deem reasonable. 



CITIES AND VILLAGES. 31 



CHAPTEE IV. 



CITIES AND VILLAGES. 

Corporations. — When a number of persons are united in a 
permanent organization, and are authorized by the Legislature 
to perform certain acts that they otherwise could not do, they 
are said to be incorporated, and they constitute what is called 
a corporation. Corporations are created in two ways: — 

1. By conforming with certain requirements of the Legis- 
lature ; 

2. By a special act of the Legislature. 

Kinds of Corporations. — Corporations are of three kinds, — 

1. Business corporations; as, railroad companies, insu- 
rance companies, banks. 

2. Literary, religious, and charitable organizations; as, 
denominational colleges, library associations, hospitals. 

3. Municipal corporations ; as, counties, townships, cities, 
villages, State institutions. 

Distinguishing Features of a Corporation. — Every corpora- 
tion has, — 

1 . A name by which it is known. 

2. A continued existence. The individuals composing a 
corporation may die, but "the rights and duties de- 
scend to the successive members of the corporation." 

3. A common seal. The acts of a corporation are made 
binding by the fixing of the seal. 

4. The capacity to sue and be sued. 



'32 CIVIL GOVERNMENT. 



5. The power to purchase and to hold property. 

6, The power to make by-laws and regulations for the 
government of the corporation. 

Cities. — In a thickly settled community, it is impossible 
for all the voters to meet together to make laws and to adopt 
measures for the promotion of the common welfare, so that it 
becomes necessary to select certain persons to perform the 
•legislative functions of a township meeting, and to attend to 
the general interests of the community. Not only is it 
necessary to select a limited number to adopt measures for 
the public welfare, but it is also necessary that greater powers 
should be conferred upon them than upon a township meeting. 
Then, again, a greater number of executive officers, with 
more extensive powers than those of township officers, is 
needed. It will thus be seen that a different organization is 
necessary in a thickly settled community than in a township. 
Such an organization is called a city or village. 

Incorporation of a City. — A city is said to be incorporated 
when certain powers are conferred upon it by the Legislature, 
and it is authorized to select certain officers. Any village con- 
taining a population of three thousand persons may be incor- 
porated as a city. The instrument by which it is incorporated 
is called a charter. 

A city is a corporate town governed by a Mayor and a Board of 
Aldermen called a Common Council. 

Charter. — A charter is an act of the Legislature bestowing 
certain privileges and powers upon a city or any other cor- 
poration. It is really the constitution of the city, as it defines 
the duties and powers of the city officers and of the Common 
Council. 



CITIES AND VILLAGES. 33 

Officers. — In all cities, two classes of officers are elected: — 

1. City officers, 

2. Ward officers. 

City Officers. — Although cities vary somewhat in the num- 
ber and duties of their officers, the following officers are 
usually elected : — 

1. Mayor, 

2. Clerk, 

3. Treasurer, 

4. Collector, 

5. Street Commissioner, 

6. Marshal, 

7. Justices of the Peace. 

Ward Officers. — Every city is divided into smaller divisions 
called wards. In each ward, the following officers are elected : — 

1. Supervisor. 

2. Constable. 

3. Two Aldermen. 

Term of Office. — City and ward officers, like the officers 
of a township, are elected for one year, with the exception of 
Aldermen, who are elected for two years, one. being elected 
each year. Justices of the Peace in the city, as well as in the 
township, are elected for four years, one being elected each 
year. The time of election is the first Monday in April. 

Mayor. — The Mayor is the chief executive officer of a city. 
He stands in about the same relation to the city that the 
Governor does to the State. It is the duty of the Mayor to 
look after the general interests of the city, exercise a general 
supervision over the several departments of the city govern- 
ment, and see that the laws of the city, and the ordinances 



34 CIVIL GOVERNMENT. 



and regulations of the Council, are enforced. He is the pre- 
siding officer of the Common Council, and he is required from 
time to time to give information to them concerning the affairs 
of the city, and to recommend such measures as he may deem 
expedient. He is also the conservator of the peace, and in 
order to preserve peace and good order, he may exercise the 
powers conferred upon a Sheriff, and summon to his assistance 
all able-bodied citizens, or any portion of the State troops. 
The powers of a Mayor are very extensive and his responsibil- 
ities are very great. 

The president pro tempore of the Common Council performs the 
•duties of Mayor in his absence, or when there is a vacancy in the office. 

Clerk. — The duties of a City Clerk correspond, in a great 
measure, to the duties of a Township Clerk. He is required to 
.keep a record of the proceedings of the Common Council, 
preserve all books, papers, and records of the city, and coun- 
tersign and register all city licenses. He is the general account- 
ant of the city, examines all claims against the city, and 
reports them to the Common Council for payment, keeps an 
account of all money received and paid out by the Treasurer, 
and exercises a general supervision over the financial interests 
of the city. He also keeps the seal of the corporation. 

In some cities, a Comptroller is elected to perform the duties of gen- 
eral accountant instead of the City Clerk. The Clerk is sometimes 
called Recorder. 

Treasurer. — The Treasurer receives and has charge of all 
money belonging to the city, keeps an account of all receipts 
and expenditures, and accounts to the Common Council for 
all money received or paid out by him. Money is paid out 
of the city treasury on the order of the Common Council, 
signed by the Clerk and countersigned by the Mayor. The 



CITIES AND VILLAGES. _ 35 

City Treasurer is also treasurer of the public schools of the 
city, and he has the care of all school and library money. 

Collector. — In a township the Township Treasurer collects 
the taxes, but in a city a special officer is elected for this par- 
pose called a Collector. It is the duty of this officer to collect 
all taxes within the city, and to pay over to the City Treasurer 
the 'city and school taxes, and to the County Treasurer the 
State and county taxes. 

Street Commissioner. — The Street Commissioner has the 
general care of all the highways, streets, bridges, reservoirs, 
drains, sewers, and public grounds within the city limits, and 
he is required to superintend such labor and make such repairs 
and improvements as the Common Council may from time to 
time direct. 

Marshal. — The Marshal is chief of the police of the city,, 
and as a police officer he is subject to the direction of the 
Mayor. It is his duty to see that the laws of the city, and the 
ordinances and regulations of the Common Council, are 
promptly enforced. He is required to preserve the peace of 
the city, and to suppress all disturbances and riots. In 
order to do this he is vested with the powers of a Sheriff, and 
may arrest, without a warrant, disorderly persons, or persons 
in the act of breaking any of the laws of the State or of the 
ordinances of the city, and take them before the proper 
magistrate. Persons found drunk on the streets may be 
arrested by him and imprisoned until they become sober. 
The Marshal is also required to serve warrants for the arrest 
of persons who have violated any of the ordinances of the 
city. 

Justices of the Peace. — Justices of the Peace have authority 
to try cases for violation of the city ordinances. They also 



36 CIVIL GOVERNMENT, 



exercise the same powers, and perform the same duties, as 
Justices of the Peace in the townships, and are elected for 
four years, one being elected each year. 

Supervisor. — The Supervisor occupies about the same rela- 
tion to the ward of a city, that the Township Supervisor does 
to a township. He prepares a list of all persons liable to be 
taxed, together with a correct valuation of the taxable prop- 
erty, and assesses upon the property of each his proportion of 
the taxes. The Supervisor may provide temporary relief for 
the poor of his ward. 

Constables — Constables are required to obey all lawful 
orders of the Mayor, Aldermen, Marshal, and Justices of the 
Peace, and to discharge all the duties required of them by 
any ordinance or resolution of the Common Council. In all 
civil and criminal matters, they have the same powers and 
authority as Constables in townships, and may serve warrants 
issued for the violation of city ordinances. One Constable is 
elected in each ward. 

Aldermen. — Two Aldermen are selected in each ward for 
a term of two years, one being elected each year. It is their 
duty to aid in maintaining peace and good order in the city, 
and in securing the faithful performance of duty by all the 
officers of the city. The Aldermen are members of the Com- 
mon Council. 

Common Council. — The Mayor and Aldermen constitute 
the Common Council. The Common Council is the legisla- 
tive body of the city, and has the power to pass such ordi- 
nances and regulations as the interests of the city seem to 
demand. They have the general supervision of all buildings 
and property belonging to the city, and of all highways and 
bridges; they have the power to adopt measures for raising or 



CITIES AND VILLAGES. 37 

borrowing money, to erect and repair public buildings, to lay 
out and alter streets, and to make such public improvements 
as they may deem desirable. In short, they are authorized 
to adopt such measures and make such regulations as the peace 
and welfare of the city demand. The Mayor is chairman and 
the City Clerk is the clerk of the Council. 

1. The laws passed by the Common Council are called ordinances. 

2. A vacancy in the office of Mayor or Alderman must be filled by a 
special election, if the vacancy occurs more than ninety days before the 
annual election. A vacancy in the office of Justice of the Peace is not 
filled till the next annual election. All other vacancies may be filled by 
a special election or by the Common Council. 

3. The Mayor and Aldermen each receive an annual salary of not to exceed 
fifty dollars. The Marshal, Clerk, Treasurer, Collector, receive such sala- 
ries, and all other officers, whether elected or appointed, such compensation, 
as the Common Council may determine. For compensation of Supervisors, 
Justices of the Peace, and Constables, see page 30. 

Other Officers. — Certain officers are appointed by the 
Common Council. These are, — 

1. City Attorney, who is the legal adviser of the Com- 
mon Council and city officers ; 

2. City Surveyor, who makes all surveys within the city 
limits; 

3. Chief of the Fire Department. 

The Common Council has the power to appoint such offi. 
cers as the welfare of the city renders necessary. The num- 
ber of these varies in different cities. The larger the city, the 
more numerous are the officers required. 

Villages. — A village occupies a place midway between a 
city and a township. The powers conferred upon a village 
are not as extensive as those conferred upon a city, while, on 
the other hand, a village exercises greater powers than are 



38 CIVIL GOVERNMENT. 



exercised by a township. Villages are less than cities, are not 
divided into wards, and are governed by a President and six 
Trustees, called a Board of Trustees or a Village Council. 

1. There are a few villages in Michigan larger than some cities j as,- 
Kalamazoo. 

2. Any part of a township containing a resident population of not less 
than three hundred persons, and including within its boundaries a territory 
of not more than two square miles, may be incorporated as a village. 

Officers. — The officers elected in a village are, — - 

1. President, 

2. Clerk, 

3. Treasurer, 

4. Street Commissioner, 

5. Assessor, 

6. Constable, 

7. Trustees. 

The Trustees are elected for two years, three being elected 
each year; the other village officers, for one year. The Coun- 
cil appoints a Marshal, an Engineer of the Fire Department, 
and such other officers as they deem necessary. 

Powers and Duties. — The President is the chief executive 
of the village; the legislative power is vested in a Council 
consisting of the President and six Trustees. The powers of 
a Village Council are about the same as those of a City Coun- 
cil. The duties of village officers correspond to the duties 
of similar officers in the city. 

General Remark. — As cities and villages are incorporated 
by a special act of the Legislature, as well as by conforming 
with certain requirements, they will necessarily vary somewhat 
in the number of their officers, their powers, and the mode of 
selecting them. In some cities certain officers are elected 



CITIES AND VILLAGES. 



39 



who in other cities are appointed by the Common Council. 
Each teacher should obtain a copy of the city or village 
charter, and make such additions to and changes in this 
chapter as may be necessary. 



CITY AND VILLAGE OFFICERS. 



CITY. 



Executive. 



Mayor, 

Clerk, 

Treasurer, 

Collector, 

Street Commissioner, 

Marshal, 

Attorney, 

Surveyor, 

Chief of the Fire Department, 

&c. 



Judicial. 



^ Justices of the Peace. 



Legislative. <j Common Council. 



r Supervisor, 
Ward Officers. -] Constable, 
(. Aldermen. 



4o 



CIVIL GOVERNMENT. 



Executive. 



, VILLAGE. 

President, 

Clerk, 

Treasurer, 

Street Commissioner, 

Assessor, 

Constable, 

Trustees, 

Marshal, 

Engineer of the Fire Department, 

&c. 



Judicial. -j Justices of the Peace in the Township. 

Legislative. ■{ Board of Trustees or Council. 



LEGISLATIVE DEPARTMENT. 41 



OHAPTEE T. 



LEGISLATIVE DEPARTMENT. 

The Legislature. — The Legislature is composed of two 
Houses; — 

1. The Senate, 

2. The House of Representatives. 
Members of the Legislature are elected at the same time 

that State and county officers are elected, for a term of two 
years. They meet at Lansing, the capital of the State, on 
the first Wednesday in January of the year immediately fol- 
lowing their election. The Legislature meets once every two 
years, but it may be convened by the Governor on extraor- 
dinary occasions. The legislative power of the State is vested 
in these two Houses. 

The Senate is sometimes called the Upper House, and the House of 
Representatives the Lower. 

The Senate. — The Senate consists of thirty- two members. 
The State is divided into thirty- two senatorial districts, accord- 
ing to the number of inhabitants, and each district elects 
one Senator. In the formation of districts, no county can be 
divided, unless it is entitled to two or more Senators. In 
other words, part of one county and part of another can not 
be united to form a senatorial district. Thus the county of 
Lenawee has only one senatorial district, while the county of 
Wayne has three. Sometimes two or more counties are neces- 
sary to form one district. The senatorial districts are num- 
bered, first, second, third, etc. 



42 CIVIL GOVERNMENT. 

The House of Representatives. — The House of Repre- 
sentatives consists of one hundred members. Representa- 
tives are apportioned among- the counties according to 
population. In some counties there is one representative 
district, in others from two to four, while some districts 
include several counties. No township or city can be 
divided in the formation of districts. Some cities contain a 
population which entitles them to more than one Representa- 
tive. Thus Grand Rapids has two, while Detroit has seven. 
When a county is entitled to more than one Representative, the division 
into representative districts is made by the Board of Supervisors. 

Members. — Senators and Representatives must be citizens 
of the United States and legal voters in the district to be 
represented. If a member, during his term of office, changes 
his residence from one district to another, he vacates his 
office. No person holding an office under the United States, 
or occupying any State or county office, except that of Notary 
Public, is eligible to a seat in either House. Each Senator 
and Representative takes an oath to support the Constitution 
of the United States, and the Constitution of the State of 
Michigan, and to faithfully discharge the duties of his office. 

Powers of the Senate. — The Upper House is expected to 
be an abler body than the Lower House, and is usually com- 
posed of men of greater experience in public affairs. The 
Senate has power, — 

i. To try impeachments. 

2. To confirm or reject appointments. Certain appoint- 
ments are made by the Governor with the advice and 
consent of the Senate. 

3. To originate bills. The Senate has concurrent juris- 
diction with the House of Representatives in making 
laws. 



LEGISLATIVE DEPARTMENT. 43 

4. To elect a President pro te?npore and certain other 
officers. The President pro tempore performs the duties 
of the presiding officer in his absence, and when the 
Lieutenant Governor acts as Governor. 

5. To determine the rules of its proceedings, and to 
judge of the qualifications, election, and returns of its 
members. 

The officers of the Senate are, — Secretary, Assistant Secretary, Sergeant- 
at-Arms, Assistant Sergeants-at-Arms, Engrossing and Enrolling Clerk, 
Assistant Engrossing and Enrolling Clerk, Clerk of the Judiciary Committee, 
Clerk of Committee on Villages and Cities, Janitors, Keeper of Cloak 
Room, Governor's Messenger, President's Messenger, Secretary's Messen- 
ger, Messengers, Reporters. 

Powers of the House of Represeiitatives. — The Lower 
House is a more numerous body than the Upper House, and 
it more properly represents the people of the whole State. 
For this reason it is called the House of Representatives. 
The House of Representatives has power, — 

1. To originate articles of impeachment and present 
them to the Senate. The Senate acts as a court of 
impeachment, and the House of Representatives pre- 
fers the charges. 

2. To originate bills. The House of Representatives' 
has concurrent jurisdiction with the Senate in making 
laws. 

3. To elect a presiding officer called the Speaker, and 
certain other officers. 

4. To determine the rules of its proceedings, and to 
judge of the qualifk ations, election, and returns of its 
members. 



44 CIVIL GOVERNMENT. 



1. There are some appointments by the Governor that require the 
consent of both branches of the Legislature, as, for example, the appoint- 
ment of Adjutant General. 

2. The officers of the House of Representatives are, — Chief Clerk, 
Corresponding Clerk, Journal Clerk, Engrossing and Enrolling Clerk, Assist- 
ant Engrossing and Enrolling Clerk, Clerk of the Judiciary Committee, 
Clerk of the Committee on Ways and Means, Clerk of Joint Committee on 
Taxation, Clerk of Committee on Municipal Corporations, Clerk of Com- 
mittee on State Affairs, Sergeant-at-Arms, Assistant Sergeants-at-Arms, Post- 
master, Assistant Postmaster, Keeper of Cloak Room, Speaker's Messenger, 
Clerk's Messenger, Messengers, Reporters. 

Special Privileges of Members. — In order that the business 
of the Legislature may not be interrupted, the Constitution 
of the State declares that no Senator or Representative can 
be arrested during a session of the Legislature, or for fifteen 
days before the commencement or after the termination of 
each session, except for treason, or a crime punishable by 
death or imprisonment, or a violation of the public order. 
In England it frequently happened that members of Parliament 
were arrested, so as to prevent the adoption of any measure 
prejudicial to the interests of the king. 

Duties of Some Officers. — The presiding officer of the 
Senate is the Lieutenant Governor. He is called the Presi- 
dent. The presiding officer of the House of Representatives 
is chosen from among its members. He is called the Speaker. 
It is the duty of each to preserve order and to see that the 
business is transacted in the manner prescribed by the rules of 
each House. The Secretary of the Senate keeps a record of 
each day's proceedings, preserves and has charge of all papers 
and bills, and reads them to the Senate. The Clerk of the 
House of Representatives performs similar duties. The 
Engrossing and Enrolling Clerks make a true copy of and 
enroll all bills that are passed. The Sergeants-at-Arms are 



LEGISLATIVE DEPARTMENT. 45 

required to preserve order, arrest disorderly persons, compel 
the attendance of absent members, and perform such other 
like duties as either House may require. 

Organization of Each House. — On the day appointed for 
the assembling of a new Legislature, before any business can 
be properly transacted, it is necessary that the members of 
each House should, — 

1. Take the oath of office; 

2. Elect officers. 

When each member has taken the oath of office, and the 
Senate and House of Representatives have elected their offi- 
cers, both Houses are said to be organized and ready for 
business. 

The Clerk of the last House of Representatives calls the House to 
order, and presides until a Speaker or a Speaker pro tempore is elected. 
A list of members elect is delivered to the Clerk by the Secretary of 
State. 

Message. — When the two Houses are organized and ready 
for business, the Governor presents his message. This is read 
at a joint meeting of both Houses, the Senate meeting with 
the Lower House in the Hall of Representatives. The Gov- 
ernor in his message gives information to the Legislature of 
the condition of the State, calls their attention to matters of 
State interest, and recommends such measures as he deems 
expedient. 

The President of the Senate is the presiding officer of both Houses, 
when they meet in joint convention. 

Standing Committees. — In each House, soon after its organ- 
ization, about forty-two standing committees are appointed. 
Standing committee is another name for permanent committee. 
In the Senate these committees are appointed by the Presi- 



46 CIVIL GOVERNMENT. 

dent, and in the House of Representatives by the Speaker. 
In these committees, a great part of the business of the Legis- 
lature is transacted. When a subject is presented to either 
House, it is first referred to some standing committee, and 
after it has been properly considered, it is reported back to 
the House in one of three ways: — 

i. Without recommendation ; 

2. With amendments ; 

3. With the recommendation that it be passed. 

If a bill is reported back without recommendation, it is 
seldom passed. It would be impossible for the Legislature to 
transact all the business brought before it, unless the subjects 
presented were first considered by appropriate committees. 
In this way a number of measures can be examined at one 
time. When a particular matter is presented that can not 
properly be referred to one of the standing committees, a 
special committee is appointed to consider it. 

Standing Committees in the Senate. — Appropriations and Finances, 
Judiciary, Federal Relations, State Affairs, University, Agricultural Col- 
lege, State Normal School, State Public School, Education and Public 
Schools, State Reform School, Banks and Incorporations, Railroads, 
Cities and Villages, Public Lands, Counties and Townships, etc. 

Committees in the House. — Ways and Means, State Affairs, Judiciary, 
Private Corporations, Municipal Corporations, Internal Improvements, 
Towns and Counties, University, Education, Railroads, State Prison, 
Eastern Asylum for the Insane, Geological Survey, etc. 

Quorum. — A majority of each House constitutes a quorum 
for the transaction of business, but a smaller number may 
adjourn from day to day and compel the attendance of absent 
members. 



LEGISLATIVE DEPARTMENT. 47 

Hoiv Subjects are Presented to the Legislature, — Subjects 
for the consideration of the Legislature are presented in three 
ways: — 

i. By the Governor; 

2. By petitions from the people; 

3. By a bill presented by a member of the Legislature. 

Passing of Bills. — Supposing that a bill relating to the 
University is presented by a member of the House of Repre- 
sentatives. It is first referred to the committee on the Uni- 
versity, who examine the bill, and return it either without 
recommendation, or with amendments, or with the recommen- 
dation that it be passed. After the bill is reported back to 
the House, it must be read three times by the Clerk to the 
House before the final vote. The bill may be amended, or 
sent back to the committee for modification, or defeated. 
When the final vote is taken, it must be by yeas and nays, and 
the result entered on the journal of the House. No bill can 
be passed without receiving the votes of a majority of all the 
members elected, and the assent of two-thirds is required for 
every bill appropriating public money for local or private 
purposes. After the bill has passed the House, it is sent to 
the Senate, where a similar course is pursued, the sanction of 
both Houses being necessary. If it passes both Houses, it is 
sent to the Governor to receive his signature, and if he signs 
it, the bill becomes law. If the Governor does not approve 
of the bill, he returns it, with his objections, to the House of 
Representatives. When a bill is not approved, it is returned 
to the House where it originated. This is called vetoing a 
bill. After the Governor has vetoed a bill, it may still be 
passed by receiving a two-thirds vote in each House, and it 
becomes law without his consent. 



48 CIVIL GOVERNMENT. 



1. Any bill may originate in either House. In Congress revenue bills 
must originate in the House of Representatives. 

2. Printed copies of all bills are placed on the desks of members. 
It is the custom for the Secretary or Clerk to read only the title of each 
bill on the first and second readings, but on the third reading the entire 
bill is read. The second and third readings must be on different days. 
Amendments are offered after the second reading. 

Acts. — When a subject is reported to the Legislature by a 
committee, it is usually in the form of what is called a bill. 
When a bill is passed by both Houses, and is signed by the 
Governor, it is called an act, and becomes a law of the State. 
A bill becomes a law, — 

i. By receiving a majority vote in each House, and the 
signature of the Governor ; 

2. By receiving a two-thirds vote in each House, without 
the signature of the Governor ; 

3. By'not being returned by the Governor to the House 
from which it originated within ten days, Sundays 
excepted, after it has been presented to him. 

After the Legislature has adjourned, no bill can become 
law unless it is signed by the Governor. Acts take effect 
ninety days after the adjournment of the Legislature, unless 
the members of each House by a two-thirds vote direct other- 
wise. At the close of each session, the Secretary of State is 
required to see that the acts passed during the session are 
printed and bound, and distributed to the proper officers 
throughout the State. 

No new bill can be introduced into either House after the first fifty 
days of a session have expired. 

Remark. — The framers of the Constitution of the State 
have wisely provided that the Legislature should consist of 



LEGISLATIVE DEPARTMENT. 49. 

two Houses, and that each House should act as a check on the 
other, and thus prevent too hasty legislation. Not only do 
the Houses mutually act as a check upon each other, but also 
the Governor can return a bill to the Legislature to be recon- 
sidered, and, by refusing to sign it, necessitate a two-thirds 
vote in order that it may become law. One of the great evils 
of modern legislation is that laws are frequently made without 
due consideration, and a considerable portion of the time of 
one Legislature is occupied in amending or undoing what a 
preceding Legislature has done. 

Other Legislative Bodies. — The State Legislature has the 
power to confer local powers of legislation upon counties, 
cities, villages, and townships. The legislative body of a 
county is the Board of Supervisors ; of a city, the Common 
Council ; of a village, the Board of Trustees or Village Coun- 
cil ; of a township, the township meeting. 

Impeachment. — When a State officer or a Circuit or a Pro- 
bate Judge has been guilty of corrupt conduct in office or of 
crime, he may be brought to trial before the Senate by the 
House of Representatives. This is called the impeachment 
of a public officer. The House appoints a committee to pre- 
pare articles of impeachment and to conduct the prosecution. 
The Senate, as a court, determines the guilt or innocence of 
the person accused. If the person impeached is convicted by 
a two-thirds majority of all the Senators, he is removed from 
office. A public officer, thus removed, is also liable to be 
tried in one of the courts and punished according to law. 
The Senate only removes from office; a court of law may 
afterwards inflict punishment. 

1. The Governor may remove for misconduct and neglect of duty 
any county officer, except Circuit Judge, Judge of Probate, and County 



5° 



CIVIL GOVERNMENT. 



Clerk, and also any Justice of the Peace and township officer. The 
Circuit Judge and the Circuit Court Commissioner have authority to 
remove the County Clerk for incompetence, misconduct, or neglect of 
duty. 

2. The Governor has the power, when the Legislature is not in ses- 
sion, of removing, " for gross neglect of duty or for corrupt conduct in 
office," any State officer, except legislative and judicial, whether elected 
or appointed, and of appointing a successor for the remainder of the 
unexpired term of office. 



LEGISLATIVE BODIES. 



State. 



\ Senate, 

J House of Representatives. 



County. 
City. 



<{ Board of Supervisors. 
■{ Common Council. 



C Board of Trustees, 
Tillage. 1 or 

(_ Council. 



Township. -{ Township Meeting. 



JUDICIAL DEPARTMENT. 5 1 



CHAPTER VI. 



JUDICIAL DEPARTMENT. 

Judicial Departme?it. — The legislative department makes 
laws and affixes penalties for their violation ; the judicial 
department applies these laws to individual cases, interprets 
them, and imposes the penalties affixed for their violation. 
Laws made by the Legislature have for their object the "estab- 
lishment of rights and the prohibition of wrongs," and it 
is the duty of the judicial department to see to it that individ- 
uals are protected in the enjoyment of these rights and that 
wrongs are redressed. Various tribunals are established for 
the administration of justice. These are called courts. 

Courts. — The judicial power is vested in the following 
courts :— 

1. A Supreme Court, 

2. Circuit Courts, 

3. Probate Courts, 

4. Justices' Courts, 

5. Municipal Courts. 

Some of these courts have limited powers, others have 
more extensive jurisdiction. Each court has a separate organ- 
ization, each has well defined jurisdiction and powers, and 
each has fixed times and place for the transaction of business. 
All these courts have power to summon witnesses, to admin- 
ister oaths, issue writs, and punish for contempt of court. 



CIVIL GOVERNMENT. 



Each court has also its proper officers to aid it in the perform- 
ance of its duties. 

Definitions. — In order to properly understand the powers 
and duties of the various courts, it is necessary to have a clear 
understanding of what is meant by a civil or criminal action, 
.and original or appellate jurisdiction. 

Civil or Criminal Action. — A civil action has for its object 
the enforcement of the payment of a debt, or the payment of 
money as a compensation for an injury; a criminal action, the 
punishment of a person accused of having committed some 
crime. 

Jurisdiction. — A matter is said to be within the jurisdiction 
of a court, when it is within the limits of its authority, and 
it has the power to hear and determine the case. A court is 
said to have original jurisdiction, when it has the authority to 
take the first steps in a suit, in other words, when a suit may 
commence there ; and appellate jurisdiction, when it has the 
power to hear and determine cases that are appealed from the 
judgment of an inferior court. 

Justices* Courts. — In order that justice may be adminis- 
tered in the most convenient and expeditious manner, inferior 
courts, called Justices' Courts, are established in every town- 
ship and city of the State. In these courts, persons accused 
of petty theft, drunkenness, breach of the peace, and various 
•other minor offenses, are tried. Any criminal action, when 
the penalty is a short imprisonment or a small fine, and any 
civil action, when the debt or damages do not exceed one 
hundred dollars, must be brought before a Justice's Court. 
After a case has been tried in a Justice's Court, it may be 
appealed to a Circuit Court for a new trial. This is done 
when one of the parties in a suit is dissatisfied with the 
decision of a Justice's Court. 



JUDICIAL DEPARTMENT. 53 

Justices of the Peace. — Justices of the Peace are elected 
for a term of four years. They issue writs and warrants? 
administer oaths, and have jurisdiction in offenses of minor 
importance. Usually four Justices of the Peace are elected 
in each township and city, one being elected each year. 

A written instrument, issued by a court, commanding a person to do 
something therein mentioned, is called a writ. A writ issued by a Justice 
of the Peace, directing a Constable to arrest and bring before the court 
a person accused of having committed some offence, is called a warrant. 

Constables. — Constables are obliged to obey all lawful 
orders of Justices of the Peace, Sheriffs, and Coroners. Their 
duties in a Justice's Court correspond, in a great measure, to 
the duties of a Sheriff in a Circuit Court. They serve the 
writs and orders of the court, and have the custody of prison- 
ers. They attend upon the sessions of the Circuit Court, 
when notified to do so by the Sheriff. 

Municipal Courts. — In large cities like Detroit, other 
courts are established in addition to the usual courts of justice 
These are called municipal courts. As cities increase in size 
and in population, there are greater opportunities for the 
commission of crime, and the dangerous classes naturally 
gravitate toward them, so that the frequency and variety of 
the offenses committed, demand the establishment of additional 
courts. Municipal courts are established by special act of the 
Legislature. 

Detroit Courts. — In the city of Detroit, the following 
courts have jurisdiction of offenses committed within the limits 
of the city;— 

i. Superior Court, 

2. Recorder's Court, 

3. Police Court, 

4. Justice's Court. 



54 CIVIL GOVERNMENT. 



The Superior Court has jurisdiction in civil cases, and the 
Recorder's Court in criminal cases, the same classes of actions 
being tried in these courts that are tried in a Circuit Court. 
The Police Court has the same jurisdiction in criminal mat- 
ters, but not civil, that a Justice's Court has. It has, however, 
somewhat more extensive powers. Both the Superior and 
Recorder's Court have original jurisdiction only. A case can 
not be appealed from the Police Court or from a Justice's 
Court to either of them. The terms of the Circuit Court for 
the county of Wayne are held in Detroit. 

Circuit Courts. — Circuit Courts have jurisdiction in grave 
offenses, whether civil or criminal. Offenses involving large 
sums of money, and crimes punishable by heavy fines or long 
imprisonment, are tried before these courts. Cases tried in 
an inferior court, that is, a Justice's Court, may be carried to 
a Circuit Court for a second trial. Circuit Courts, therefore, 
have original jurisdiction in all matters which are beyond the 
jurisdiction of an inferior Court, and appellate jurisdiction in 
matters appealed from a lower court. They also exercise a 
genera] control over inferior courts. 

Judicial Circuits. — The State is divided into twenty-four 
judicial circuits, in each of which a Circuit Judge is elected 
for six years. A circuit generally has within its limits two or 
more counties, and it is the duty of the Circuit Judge to hold 
at least two terms of the Court in each county annually. 

In counties containing seven thousand inhabitants, not less than three 
terms in each year are held ; in counties containing ten thousand inhabi- 
tants, four terms are required to be held annually. 

Officers. — The officers of a Circuit Court are, — 

i. Judge, 

2. Circuit Court Commissioner, 



JUDICIAL DEPARTMENT. 55 

3. Clerk, 

4. Stenographer, 

5. Prosecuting Attorney, 

6. Sheriff, under sheriff, deputies, 

7. Attorneys. 

Judge. — The Circuit Judge presides at all sessions of the 
Circuit Court. He is the interpreter of the law. It is his 
duty to declare what the law is, and to impose penalties for 
its violation. 

Circuit Court Commissioners. — Circuit Court Commission- 
ers are authorized to perform all the duties and execute all 
the powers, in all civil cases, which a Circuit Judge may per- 
form and execute out of court, subject, however, to certain 
limitations. They may, in other words, perform many of the 
duties that a Circuit Judge would be obliged to perform, if it 
were not for their assistance. 

Testimony in a chancery suit may be taken by a Circuit Court Commis- 
sioner, and injunctions may also be granted by this officer. 

Clerk. — The County Clerk is clerk of the Circuit Court. 
It is his duty to keep a journal of the proceedings of the 
court, preserve all books and papers belonging to the office, 
and administer oaths to witnesses and jurors. 

Stenographer. — A Stenographer is one who is skilled in the 
art of writing in short-hand. Stenographers are appointed 
by the Governor on the application of the Circuit Judge, sanc- 
tioned by the Board of Supervisors. It is the duty of this 
officer to attend all sessions of the court, and take full reports 
of the testimony of witnesses and of all proceedings connected 
with the trial of every case. 

The compensation of the Stenographer is determined by the Board of 
Supervisors. In Wayne county, the salary is two thousand dollars per 
annum. 5 



56 CIVIL GOVERNMENT. 



Prosecuting Attorney. — The Prosecuting Attorney represents 
the county in all suits in which the county is interested or a 
party. It is his principal duty to prosecute, either in the Cir- 
cuit Court or in a Justice's Court, all persons who have com- 
mitted any crime within the county. 

Sheriff. — The Sheriff attends all sessions of the Circuit 
Court when held in the county, preserves order in the court 
room, proclaims the opening and adjourning of the court, 
summons jurors and witnesses, has charge of prisoners and 
juries, carries out sentences of the court, and executes and 
serves all writs and orders of the court. He is aided in the 
performance of his duties by the under sheriff and deputies, 
and by constables. 

When the Sheriff is an interested party in a suit, the Coroners perform 
his duties. If there is no Sheriff or under sheriff, one of the Coroners is 
designated by the Circuit Judge to perform the duties of Sheriff. 

Attorneys. — An Attorney is one who is appointed by anoth- 
er to act in his place and transact any business for him. An 
Attorney at Law acts for another in a suit at law, he is an 
officer of a court of law, a lawyer, and is legally qualified to 
prosecute and defend all actions. Persons are licensed to 
practice in the several courts of the State, — 

1. By the Supreme Court; 

2. By the Circuit Court. 

All applicants are first examined, and if, on examination, 
they are found to possess sufficient legal ability to discharge 
the duties of an Attorney, they are admitted to practice in the 
courts of the State. When an applicant is a graduate of the 
law school of the University, he is admitted to practice without 
an examination. 



JUDICIAL DEPARTMENT. 57 

1. The law requires that all applicants shall be of good moral char- 
acter, and shall have arrived at the age of twenty-one. 

2. It is the usual practice for the Judge of the Circuit Court to 
appoint a committee of three or more experienced lawyers, who examine 
the applicant in open court. 

Probate Court.- — A Probate Court is a court for the proving 
of wills. It has authority to determine whether a writing 
" purporting to be the last will of a person deceased is indeed 
his lawful act." When a person dies, the Judge of Probate 
appoints a day for the proving of the will, and if it is clearly 
proven that the deceased was of sound mind when the will 
was made, and that it was executed according to law, the judge 
takes the proper measures for the carrying out of the will. A 
Probate Court has "original jurisdiction in all matters relating 
to the settlement of the estates of deceased persons." It has 
the power to appoint guardians for minors, and to exercise 
general control over their estates. It may also appoint persons 
to settle the estates of those who die without making a will. 
A Probate Judge is elected in each county for a term of four 
years. 

1. Probate comes from a Latin word, probare, which means to prove. 

2. The proceedings in a Probate Court may be appealed to a Circuit 
Court. 

A Will. — A will is a written declaration of the manner in 
which a person wishes his property to be disposed of after his 
death. It must be signed by the person who makes it, and 
by at least two competent witnesses. 

Executor. — An executor is a person named in a will to see 
that it is carried into effect, and that the property is disposed 
of according to the direction of the person by whom the will 
is made. 

Administrator. — If a person dies without making a will, 



58 CIVIL GOVERNMENT. 



some one is appointed by the Judge of Probate to settle the 
estate, that is, pay what debts are due on the estate, and divide 
what remains among the legal heirs. The person thus 
appointed is called an administrator. If the person named 
as executor in a will dies, or is unable, for any reason, to act, 
the Judge has the power to appoint an administrator. 

Codicil. — When an addition is made to a will, explaining 
its meaning or changing it in any way, it is called a codicil. 

Supreme Court. — The Supreme Court is the highest judicial 
court in the State. It has a superintending control over all 
inferior courts, and it corrects all errors on questions of law 
referred to it by the Circuit Courts. When any party in a 
suit is dissatisfied with the ruling of a Circuit Judge on some 
law point, the decision of the Judge may be appealed to the 
Supreme Court, where it is reviewed and either corrected or 
sustained. In this way, greater uniformity is secured, in the 
administration of justice, in the various courts of the State. 

1. The Supreme Court has power to prevent and correct abuses in 
the administration of justice in the various courts, and to discharge any 
person from custody who is unlawfully deprived of his liberty. 

2. Four terms of the Supreme Court are annually held at the capital. 
They commence on the Tuesday after the first Monday in January, April, 
June, and October and are called the January, April, June, and October 
terms of the court. 

Officers. — The officers of the Supreme Court are,— 



Judges, 

Clerk, 

Reporter, 

Attorney General, 

Crier, 

Sheriff, 

Attorneys. 



JUDICIAL DEPARTMENT. 59 

Judges. — The Supreme Court consists of one Chief Justice 
and three Associate Judges. Their term of office is eight 
years, one being elected every two years. The Judge whose 
term of office first expires, or, in other words, who has served 
as judge six years, becomes Chief Justice. 

1. When there is a vacancy in the office of Judge of the Supreme 
Court, it is filled by appointment of the Governor, until a successor is 
duly elected. 

2. The annual salary of each Judge is four thousand dollars. 

Clerk. — When the Supreme Court was first organized, 
its terms were annually held in four different places in the 
State; afterwards they were held in two, Lansing and 
Detroit; and finally in one, Lansing. The Constitution 
then required that the County Clerk should be the clerk of 
the Supreme Court when it was held within the county, so 
that the Clerk of Ingham county, in which the city of Lan- 
sing is situated, was the clerk of the court. The Constitu- 
tion has since been so amended that the Supreme Court 
now appoints its own clerk. It is his duty to keep a record of 
the proceedings of the court, administer oaths, and have the 
care of all seals, books., and papers belonging to his office. He 
performs such other duties as are required of him by the court. 

Reporter. — A Reporter is appointed by the court to attend 
all its sessions, and to prepare for publication its decisions, 
together with a brief statement of each case, and of the argu- 
ments of the counsel, when such a statement is necessary for 
a proper understanding of the decision. The decisions of the 
Supreme Court are printed and bound in volumes. 

1. The Judges deliver to the Reporter full notes of their decisions. 

2. The Reporter receives an annual salary of fifteen hundred dollars, 
and his expenses while attending the sessions of the court, also not to 
exceed six hundred dollars for clerk hire. 

Attorney General. — The Attorney General is required to 



6o CIVIL GOVERNMENT. 



prosecute and defend all actions in the Supreme Court in 
which the State is interested or a party. He is the Attorney 
for the State. 

Crier. — The Crier attends all sessions of the court and 
proclaims the opening and adjourning of the court. In a 
Circuit Court, this duty is performed by the Sheriff or one of 
his deputies. The Crier may also serve writs and orders, when 
so directed by the court. 

The Crier receives two dollars a day while attending the sessions of 
the court, and when he serves writs and orders, he receives the same fees- 
as the Sheriff. 

Sheriff. — It is the duty of the Sheriff of the county where 
any term of the Supreme Court is held, to attend the court 
during its sessions, and either in person or by the under sheriff 
and deputies serve, when required, all writs and orders issued 
by the court. The Sheriff of Ingham county is now the 
Sheriff of the Supreme Court. 

The Sheriff summons one or two Constables of his county to attend 
the sittings of the court. 

Juries. — Juries are of two kinds : — 

i. Grand juries, 

2. Petit juries. 
A petit jury in a Justice's Court consists of six persons; in 
higher courts, of twelve persons. A grand jury consists of not 
less than sixteen persons, and generally of not more than 
twenty- three. 

Grand Jury. — A grand jury is summoned for the purpose 
of deciding whether there is sufficient evidence against a per- 
son accused of crime to warrant his prosecution. The jury 
hears the accusation, listens to the testimony of witnesses 
against the person accused, and decides whether the accusation 



JUDICIAL DEPARTMENT. 6 1 

is sustained by the evidence. If at least twelve of the grand 
jurors believe that there is sufficient ground for a trial, a writ- 
ten accusation is presented to the court, called an indictment. 
The accused is than arrested and held for trial. In this State 
a grand jury is very seldom summoned. The usual practice 
is for a complaint to be made before a Justice of the Peace 
that a crime has been committed. The accused is then 
arrested, and if it is shown on examination that he is proba- 
bly guilty, he is bound over to the Circuit Court for trial. 

1. The grand jury elects a foreman, who acts as president, and a 
clerk. The Prosecuting Attorney meets with them to examine witnesses 
in the presence of the jury, and to give advice concerning points of law. 

2. The principal objection to a grand jury is that it meets in secret, 
and it expresses its belief that a person is guilty of crime, without giving 
the accused a hearing. Subsequent acquittal does not always remove the 
unfavorable impression produced by twelve men, under oath, pronouncing 
a person to be a criminal. On the other hand, a grand jury acts as a 
check upon the Prosecuting Attorney, and prevents him from unjustly 
prosecuting innocent persons for the supposed commission of crime. 

Petit Jury. — A petit jury is a body of men selected for 
the purpose of deciding some controversy, or of determining 
the guilt or innocence of a person accused of crime. A grand 
jury decides whether the evidence against a person warrants 
his trial; a petit jury decides whether the accused is guilty or 
innocent of the crime alleged. The first only examines wit- 
nesses for the prosecution ; the second hears the testimony 
both for the prosecution and for the defense. A petit jury 
must unanimously agree on the guilt of a person, before sen- 
tence can be passed upon him. After an accused person has 
been acquitted, he can not be tried again on the same charge. 

Drawing of Jurors. — Lists of persons, competent to act as 
jurors, are prepared by the proper officers in each township 



62 CIVIL GOVERNMENT. 



and ward in the county, and sent to the County Clerk. The 
names contained in these lists are written on separate slips of 
paper, and arranged in packages. A few days before the open- 
ing of the Circuit Court, the Clerk of the county, in a manner 
prescribed by law, draws the required number of petit jurors, 
and, if the court so orders, the names of twenty-three persons 
to act as grand jurors. The Sheriff summons those whose 
names are drawn to attend court. If a person duly summoned, 
is not present at the court on the day specified in the summons, 
he is subject to a fine of twenty dollars for each day that he 
neglects to attend, unless he can show reasonable cause for his 
non-attendance. 

I. Jurors in a Justice's Court receive one dollar per day; in a Circuit 
•Court, two dollars per day. 

2. The Supervisor and Clerk of each township prepare a list of persons 
within their township to act as jurors. The whole number selected in a 
county must not be less than one hundred and not exceed four hundred, 
•one-half being designated as petit jurors and the other half as grand 
jurors. 

3. State officers, judges, clerks of courts, registers of deeds, sheriffs 
.and their deputies, coroners, constables, all officers of the United States, 
attorneys, officers of the University and of colleges, ministers, teachers, 
superintendents, engineers, collectors of canals and railroads, ferry- 
men, firemen, all persons more than sixty years of age, are exempt from 
serving as jurors. The court may excuse a person from serving as a juror, 
when the interests of the public or of the juror require his absence. 

Notaries Public. — Notaries Public are appointed by the 
Governor with the advice and consent of the Senate. Their 
term of office is four years. They are authorized to adminis- 
ter oaths, to take sworn statements in writing, called affidavits, 
to take the proof and acknowledgment of deeds, mortgages, 
and other legal instruments, and to perform various other 
duties connected with commercial paper. 

By commercial paper is meant notes, bills of exchange, and the like. 



JUDICIAL DEPARTMENT. 



63 



COURTS AND OFFICERS OF COURTS. 





' Judges, 
Clerk, 


Supreme Court. 

State. ' 


Reporter, 
Attorney General, 
Crier, 

r 




Sheriff, \ Under Sheriff > 
/ Deputies, 




k Attorneys. 




' Judge, 
Circuit Court Commissioners, 




Clerk, 


Circuit Court. 
District. 


Stenographers, 
Prosecuting Attorney, 




ou -nr \ Under Sheriff. 
Sheriff, ^_ , ' 
1 Deputies, 




h Attorneys. 


Probate Court. 
County. 


I Judge, 
| Register. 


Justice's Court. 
Township, City. 


j Justice of the Peace, 
] Constables. 






64 



CIVIL GOVERNMENT. 



Municipal Courts. 
Detroit. 



Superior Court, 
Recorder's Court, 
Police Court, 
Justices' Court. 



Juries. 



f Grand Jury, 
Petit Jury. 



1 



Notaries Public. 



The Board of Supervisors of any county may, by a two-thirds vote, 
authorize the Probate Judge to appoint a Probate Register. The Register 
has power to receive petitions, fix the time of hearing, administer oaths, 
and perform all acts required by the Probate Judge, except judicial acts. 
The salaiy of this officer is fixed by the Board of Supervisors. 



ELECTIONS. 6$ 



CHAPTER TIL 



ELECTIONS. 

Elections. — Elections are held at specified times, under 
the direction of officers designated by law, for the purpose of 
choosing State, district, county, township, city, and village 
officers. The purity of the ballot-box is essential to the main- 
tenance of free institutions, and the State, recognizing this 
fact, has made provision for a full and free expression of the 
will of the people, described minutely the duties and powers 
of those having charge of elections, enacted laws to preserve 
the purity of elections, and affixed severe penalties for their 
violation. 

Officers Elected. — The various officers elected in the State, 
district, county, township, city, and village, may be classified 
as follows : — 

i. State executive officers; 

2. Members of the State Legislature and Repre- 

sentatives in Congress; 

3. Judges of the Supreme and Circuit Courts; 

4. County officers ; 

5. Township and city officers; 

6. Village officers. 



•66 CIVIL GOVERNMENT. 



Time of Election. — The law provides for three regular 
elections : — 

i. A general election in November ; 

2. An April election ; 

3. A March election. 

These elections are sometimes designated as the fall and 
spring elections. 

Special elections to fill vacancies may be held at other times. 

General Election. — The general election occurs on the 
Tuesday following the first Monday in November of every even 
year. At this time are elected, — 

1. State executive officers ; 

2. Members of the State Legislature and Repre- 
sentatives in Congress ; 

3. County officers. 

These officers are elected for two years, with the exception 
of the Probate Judge, who is elected for four years. 

1. It would not be possible to select a certain date, as, for example, 
the twelfth of November, for the reason that Sunday sometimes comes on 
that day. 

2. At the same time that the above officers are elected, a member of 
the State Board of Education is also elected. 

April Election. — This election occurs every year, on the 
first Monday in April. At this time are elected, — 

1. Judges of the Supreme and Circuit Courts; 

2. Township and city officers. 

Judges of the Supreme Court are elected for eight years, 
•one being elected every two years; Judges of the Circuit Court, 



ELECTIONS. 67 



for six years ; township and city officers, for one year, except 
Justices of the Peace, elected for four years, and Drain Com- 
missioner, for two. 

1. In Detroit, city officers are elected on the first Monday in Novem- 
ber of every odd year. 

2. Two Regents of the University are elected every two years at the 
April election. 

March Election. — On the second Monday in March of 
each year usually occurs the election of village officers. The 
term of office of village and city officers is the same. 

Qualified Voters. — No person is allowed to vote until he 
is twenty-one years of age. Every voter must be a citizen of 
the United States, and must have resided in the State three 
months and in the township or ward ten days preceding the 
election. Male citizens having these qualifications are said to 
be qualified voters. 

Any person engaging in a duel, either as principal or accessory, is dis- 
qualified, by the Constitution of the State, from holding office or from 
voting at any election. 

Special Privileges of Voters. — Voters, while going to and 
returning from the polls, are privileged from arrest, except for 
treason, or a crime punishable by death or imprisonment, or 
the violation of the public peace. On election days, they are 
also exempt from military duty, except in time of war or public 
danger, and they are not obliged to attend court as suitors or 
witnesses. 

Certain Limitations. — Paupers, insane persons, and idiots 
are not allowed to vote, since they are dependent upon others 
for their support and protection, and are not capable of acting 
for themselves. They occupy about the same relation to the 
State that persons under-age do. Criminals forfeit the right 
of suffrage during their imprisonment. 



68 CIVIL GOVERNMENT. 



Boards. — Certain Boards are designated by law to superin- 
tend the registration of voters, and to receive and canvass the 
votes cast for the various officers. These are, — 

1. Boards of Registration, 

2. Inspectors of Election, 

3. County Canvassers, 

4. District Canvassers, 

5. State Canvassers. 

The Boards of Registration prepare lists of all legal voters; 
the Inspectors of Election receive votes and prepare statements 
of the result; the County Canvassers decide what county 
officers are elected ; District Canvassers determine the result 
in the representative and senatorial districts ; the State Can- 
vassers decide what State officers are elected. 

Registration. — Every voter is required by law to have his 
name properly registered in the election district in which he 
resides, before he is permitted to vote. Previous to an elec- 
tion, the proper officers meet to record the names of all quali- 
fied voters who present themselves for registration. 

In townships and villages, the time designated by law for registration 
is the Saturday before an election ; in cities, the Saturday before a general 
election and the day before a charter election, and on such other days, not 
to exceed three, as the Common Council may appoint. Public notice is 
always given of the time when persons may register. 

Boards of Registratio?i. — In the cities, the Board of Regis- 
tration consists of the Aldermen, two of whom sit in each 
ward ; in villages, two Trustees appointed each year by the 
Village Council, and the Clerk ; in townships, the Supervisor, 
Treasurer, and Clerk. These Boards meet at the appointed 
time to record additional names and to correct the registration 
lists. These lists are afterwards delivered to the Inspectors of 



ELECTIONS. 69 



Election, and they permit only those to vote whose names 
appear in the lists. In this way, illegal voting is rendered 
difficult, and the delay that would otherwise be occasioned on 
election day, in ascertaining the qualifications of voters, is 
avoided, 

A person may be registered on election day by the Inspectors, and 
allowed to vote, on declaring, under oath, that he is a legal voter, and 
that sickness, or absence from town on business, prevented him from 
registering on the regular day. 

Inspectors of Election. — In each township, the Supervisor, 
the Justice of the Peace whose term of office first expires, and 
the Clerk, constitute the Board of Inspectors ; in each ward, 
the Supervisor and the two Aldermen ; in a village, the Presi- 
dent, one Trustee, and the Clerk, or three Trustees. The 
Supervisor is chairman of the Board of Inspectors in a town- 
ship or ward. In a village, the President is chairman of the 
Board. 

Provision is made by law for the division of a township or village into 
two or more election districts. 

Duties of the Board. — The Inspectors of Election receive 
the ballots of those who are legally qualified to vote, and 
deposit them in a ballot-box prepared for that purpose. Each 
ballot is delivered folded to one of the Inspectors, in the pres- 
ence of the Board. No ballot can be opened by an Inspector 
until the close of the polls. The Board have full power to 
maintain order, and they may commit to the county jail, for 
a period of not to exceed twenty days, any person guilty of 
disturbance. The Inspectors of Election see to it that the 
voting is peaceably and properly done. 

I. The polls are opened at eight o'clock in the morning, and are 
•closed at five in the afternoon. 



70 CIVIL GOVERNMENT. 



2. Poll is a Saxon word meaning the head. It afterwards came to 
mean a register of heads, and finally a place where an election is held. 
Ballot is a French word meaning a little ball. Balls of different color 
were sometimes used in voting, one color signifying the affirmative, the 
other the negative. The word now means a written or printed ticket used 
in voting. 

3. The Inspectors, or any voter, may challenge the qualifications of 
any person desiring to vote, and unless the challenge is withdrawn, the 
voter is obliged to take an oath that he is qualified to vote. 

Clerks. — The Township Clerk acts as clerk of the Township 
Board of Inspectors, together with some other person selected 
by the Board ; in the ward, the Supervisor and the two Alder- 
men select two clerks. To each of the clerks is given a com- 
plete list of all legal voters, as determined by the Board of 
Registration, and as the name of each person presenting his 
vote is called by one of the Inspectors, the clerks consult the 
registration lists to see whether the name appears there. 

Counting the Votes. — When the polls are closed, the In- 
spectors proceed to count the votes, while the clerks keep a 
record of the number of votes cast for each candidate. If 
the election is a township election, the Inspectors determine 
who is elected, and publicly declare the result. If, however, 
State, county, or district officers are to be elected, a statement 
of the number of votes given for each person voted for, is 
prepared and sent to the County and District Canvassers. 

1. The votes for city officers are canvassed by the Common Council. 

2. In addition to the statement sent to the County and District Boards 
of Canvassers, a similar statement is preserved by the Clerk of the town- 
ship or city to guard against accident or fraud. 

3. If when counting the ballots, two are found folded together, both 
are destroyed. If the ballots are found to exceed the number of registered 
voters, they are replaced in the box, and one of the Inspectors publicly 
draws out and destroys enough ballots unopened to equal the number in 
excess. The counting of votes must always be public. 



ELECTIONS. 71 



County Canvassers. — As there is a local Board in each 
township to decide what township officers are elected, so it is 
also necessary that there should be a Board in each county to 
determine what county officers are elected. The Inspectors of 
each election district select one of their number to serve on 
the County Board of Canvassers. To the Inspector thus 
selected is intrusted the statement prepared by the Board of 
Inspectors, to be by him delivered to the County Clerk, who 
is the secretary of the County Canvassers. 

The County Canvassers meet on the Tuesday following the general 
election, and on the second Tuesday succeeding the April election. 

Duties of the Board. — The several Inspectors appointed to 
attend the county canvass constitute the County Board of 
Canvassers. They select one of their number as chairman, 
the County Clerk being secretary. They then examine the 
statements sent by the Boards of Inspectors, and ascertain the 
number of votes given within the county for State and county 
officers. They determine what county officers are elected, 
and prepare statements of the number of votes received by 
each candidate for a State office. One of these statements is 
sent to the Secretary of State. 

1. The County Canvassers also canvass the votes given for Judges of 
the Circuit Courts and Representatives in Congress, and they send state- 
ments of the result to the State Board of Canvassers. 

2. In addition to the statement sent to the Secretary of State, state- 
ments are also sent to the Governor and State Treasurer, so as to guard 
against accident or fraud. 

3. "When two candidates for a county office, or a seat in the Legisla- 
ture, receive an equal number of votes, they draw lots for the office, in 
the presence of the County Clerk. If, however, the office is that of County 
Clerk, the drawing takes place before the Sheriff. 

District Canvassers. — When a county is divided into two 
6 



72 CIVIL GOVERNMENT. 



or more senatorial or representative districts, the Inspectors of 
Election representing the townships and wards in each district, 
together with the County Clerk or his deputy, constitute the 
Board of District Canvassers. They meet soon after the 
county canvass, and determine who are elected in their respect- 
ive districts. 

1. When the county constitutes one senatorial or representative dis- 
trict, the County Board of Canvassers decide who is elected. 

2. When a senatorial or representative district is greater than the 
limits of a single county, there is a Board of Canvassers composed of the 
Clerks of the several counties within the district, together with the Juttge 
of Probate, and the Sheriff of the county, in which the meeting of the 
Board is held. 

State Canvassers. — The Secretary of State, the State Treas- 
urer, and the Commissioner of the Land Office, constitute 
the State Board of Canvassers. They examine the statements 
sent to them by the County Canvassers, and determine what 
State officers are elected. 

1. In addition to canvassing the votes for State officers, the State 
Canvassers determine who is elected in each congressional and judicial 
district. 

2. If after the votes are canvassed by the Board of State Canvassers, 
two candidates for any office have received an equal number of votes, the 
Legislature, in joint session, choose one of them to fill the office. If the 
determination of the State Canvassers is contested, the Legislature decide 
what person is elected. ' 



ELECTIONS. 



73 



OFFICERS. 


WHEN ELECTED. 


TERM OF OFFICE. 


State Executive Officers. 


General Election. 


Two Years. 


State Legislature. 


General Election. 


Two Years. 


Judges of the Supreme 


April Election. 


Eight Years. 


and 






Circuit Courts. 




Six Years. 


County Officers. 


General Election. 


Two Years. 


Probate Judge. 




Four Years. 


Township & City Officers. 


April Election. 


One Year. 


Justices of the Peace. 




Four Years. 


Drain Commissioner. 




Two Years. 


School Inspectors. 




Two Years. 


Village Officers. 


March Election. 


One Year. 



1. The General election occurs on the Tuesday following the first 
Monday in November of every even year; the April election, on the first 
Monday in April of each year; the March election, on the second Monday 
in March of each year. 

2. Probate Judges are elected every four years, commencing with the 
year 1852 ; one Judge of the Supreme Court and two Regents of the Uni- 
versity, every two years, commencing with the year 1858; Judges of the 
Circuit Courts, every six years, commencing with the year 1851. 



74 



CIVIL GOVERNMENT. 



ELECTION OFFICERS. 



Boards of 
Registration. < 



Ward. «{ Aldermen. 

f Supervisor, 
Township. < Treasurer, 

(Township Clerk. 



Inspectors of 
Election. 



Ward. 



Village. 



{Supervisor, 
Aldermen. 

( President, 
-< One Trustee, 
(Village Clerk. 



f Supervisor, 
Township. -< Justice of the Peace, 
(Township Clerk. 



Canvassers. 



County. 



District. 



State. 



{One Inspector from each 
election district. 

f One Inspector from each 

•j election district, 

( County Clerk or his deputy. 

f Secretary of State, 

-< State Treasurer, 

( Commissioner of Land Office. 



ELECTIONS. 75 



1. In elections, the persons receiving the greatest number of votes 
are declared elected. 

2. Severe penalties are enacted for the punishment of bribery, tam- 
pering with ballots or ballot-boxes, illegal voting, selling and giving away 
liquor on election day, and all other means that have for their object the 
prevention of a full and free, expression of the popular will. 



76 CIVIL GOVERNMENT. 



OHAPTEE YIIL 



TAXATION. 

Taxation. — To make laws, to execute and enforce them, 
and to administer justice, necessitate the expenditure of money. 
Also the erection of public buildings, for State, county, and 
city purposes, the construction of roads and bridges, the sup- 
port of schools, and the maintenance of works of public 
utility, require a considerable outlay of money annually. The 
money needed for these purposes is raised by taxation. Each 
person owning property is obliged to contribute a certain 
amount each year to defray the annual expenses of the State, 
and of the county, township, city, or village in which he 
resides. 

Duty of the Citizen. — If the government protects the citi- 
zen in the enjoyment of his property, and secures to him the 
rights of citizenship, he is certainly under obligation* to main- 
tain and support it. If he is not obliged to spend his time in 
defending himself and in protecting his property, it is but 
reasonable to expect him to contribute to the support of the 
government, which expends both time and money in protect- 
ing his lite and property. 

Property Subject to Taxation. — All real estate and personal 
property are subject to taxation. By real estate is meant lands, 
buildings, and fixtures; 'by personal property is meant goods, 
furniture, money at interest, stocks, bank shares, vessels, etc. 
Real estate refers to anything that is fixed or permanent ; 
personal property includes what is movable. 



TAXATION. 77 



1. Money at interest due a person, more than he pays interest for, 
is subject to taxation. Debts due a person, more than his indebtedness, 
are taxable. 

2. The property of corporations is taxed like that of private individ- 
uals. Partners may be taxed jointly. 

3. Although a person may have mortgaged his property, he is never- 
theless required to pay taxes as though he was in full possession of his 
estate. 

Property Exempt from Taxation. — Certain property is not 
subject to taxation. This includes, — 

1. All property belonging to the United States, the State, 
county, township, village, or city. 

2. The property of all library, benevolent, charitable, 
and scientific institutions. 

3. All property of religious societies ; as, churches, par- 
sonages, burial grounds. 

4. The property of persons, who, by reason of infirmity, 
age, or poverty, are, in the opinion of the Supervisor, 
unable to pay taxes. 

5. A certain portion of the property of each individual. 

1. National bonds are not taxed. 

2. Houshold furniture and utensils not exceeding in value two hun- 
dred dollars ; all wearing apparel ; one hundred and fifty dollars worth of 
library or s-chool books; all family pictures; musical instruments, not 
exceeding in value one hundred and fifty dollars, and other personal prop- 
erty owned and used by any housholder in connection with his house or 
business, of the value of two hundred dollars, are exempted from taxation 

Statement of Taxable Property. — Each person is required 
to make a statement to the Supervisor of all real and personal 
property in his possession that is subject to taxation. It is the 
duty of the Supervisor to furnish all persons within his town- 



78 CIVIL GOVERNMENT. 

ship or ward with a blank form, containing a list of all prop- 
erty subject to taxation, to be filled out and returned to him. 

Although the law requires the Supervisor to furnish each person with 
a blank form, to be filled out with a correct description of his property 
and returned to him, this is not usually done. The Supervisor usually 
goes through his township or ward, and makes a list of property owners, 
together with the value of their property. 

Assessment of Property. — When the Supervisor has received 
these statements, he estimates the value of the property of 
each person, for the purpose of taxation. This valuation of 
property by the Supervisor is called an assessment, An assess- 
ment roll is a list of persons subject to taxation, together with 
the estimated value of the property of each. 

The law requires that property shall be estimated at its cash value. 

Review of Assessment Roll. — On certain days specified by 
law, the Supervisor is required to be present at his office for 
the purpose of reviewing his assessment roll. If any person 
is dissatisfied with the estimated valuation of his property, and 
can show sufficient reason why it is too high, it is the duty of 
the Supervisor to alter the assessment. 

The days appointed for this purpose are the third Monday in May and 
the two following days. 

Equalization of Taxes. — The Board of Supervisors, at 
their annual meeting, examine the assessment roll of each 
township, and ascertain whether there has been an equal and 
uniform valuation of the real estate of the several townships. 
If it is evident that the property in some townships is assessed 
too high, and in others it is too low, the Board add to or 
deduct from the valuation, until in their judgment the assess- 
ment in each township, village, and ward is relatively equal. 



TAXATION. 79 



The annual meeting occurs on the second Monday in October of each 
year. 

Apportionment of Taxes. — After examining and equalizing 
the assessment rolls, the Board then apportion the taxes among 
the several townships in the county. By apportioning the 
taxes is meant the assigning to each township its just propor- 
tion of the money to be raised by taxation. Every township 
not only pays a township tax, but it also contributes its share 
of the State and county tax. It is therefore necessary for the 
Board, — 

i. To ascertain the township taxj 

2. To determine the [county tax ; 

3. To ascertain the State tax. 

Township Tax. — The Township Clerk furnishes the Super- 
visor with a statement of the amount to be raised for township 
purposes. This statement is given by the Supervisor to the 
County Clerk, who is the clerk of the Board of Supervisors, 
and it is by him laid before the Board. 

The Ward and Village Supervisors obtain statements from the City and 
Village Clerks. 

County Tax. — The Board of Supervisors determine how 
much money is to be raised in the county for county pur- 
poses, and they apportion this amount among the several 
townships. 

State .Tax. — The Legislature determines the amount of the 
State tax, and the Auditor General apportions it among the 
counties in proportion to the valuation of taxable property in 
each county, and he notifies each County Clerk what propor- 
tion of the tax is to be raised in his county. The Clerk noti- 
fies the Board of Supervisors of the amount, and they appor- 
tion it among the townships. 



8o CIVIL GOVERNMENT, 



Certificates of Apportionment. — The clerk of the Board 
makes out two certificates of the amount assessed upon the 
property of each township, for State, county, township, and 
other purposes, and delivers one to the County Treasurer, 
and the other to the Supervisor of the proper township, village, 
or ward. 

Assessment by the Supervisor. — The Supervisor then assesses 
the taxes specified in the certificate, delivered to him by the 
County Clerk, upon the property of each individual as made 
out in his assessment roll. Every person is taxed in propor- 
tion to the amount of property in his possession. The Board 
of Supervisors apportion the taxes among the townships ; 
each Supervisor apportions them among the tax payers of his 
township. 

Collection of Taxes. — After assessing the taxes, the Super- 
visor delivers to the Township Treasurer or the Collector a 
copy of his assessment roll, which contains the valuation of 
each person's property, and the amount of State, county, and 
other taxes, which he is required to pay. The Township 
Treasurer or City Collector collects the taxes, and pays over 
to the County Treasurer the State and county tax. 

The Township Treasurer is required to give to the County Treasurer 
a bond in double the amount of the State and county tax that he is to 
collect. 

Time of Collection. — The time fixed for the collection of 
taxes is the month of December of each year. If a person 
refuses or neglects to pay his taxes, as much of his property is 
sold as is necessary to pay them. If taxes are not paid before 
the first of January, four per cent, is added for collection 
dues. 



TAXATION. 



8* 






TAXES. 


BY WHOM DETERMINED. 


State. 


State Legislature. 


County. 


Board of Supervisors. 


Township. 


Township Meeting. 


Village. 


Board of Trustees. 


City. 


Common Council. 



1. State tax apportioned by the Auditor General among 
the counties ; by the Boards of Supervisors among the town- 
ships, villages, and wards ; by the Supervisors among the tax 
payers. 

2. County tax apportioned by the Board of Supervisors 
among the townships, villages, and wards ; by the Supervisors 
among the tax payers. 

3. The Supervisors assess the State, county, township,, 
village, and city taxes upon the property of tax payers. 

4. The taxes are collected in a township by the Town- 
ship Treasurer; in a village by the Marshal; in a city by 
the Collector. 



8 2 CIVIL GOVERNMENT. 



CHAPTEE IX. 



PUBLIC SCHOOL SYSTEM. 

Educational System. — The educational system of the State 
of Michigan is an organic whole, which begins with the pri- 
mary school and is crowned by the State University. As 
collateral branches of this system, there is the Normal School 
for the training of teachers, and the Agricultural College for 
the special training of farmers. 

Support of Public Schools. — The public schools of the State 
are supported in three ways : — 

1. By the interest of the primary school fund ; 

2. By a one-mill tax ; 

3. By school district taxes. 

Origin of the Primary School Fund. — At the close of the 
Revolutionary War, the government was deeply in debt, and 
it was of the greatest concern to public men how this debt 
should be paid. As the United States had control of a vast 
territory in the northwest, it was thought that by holding out 
great inducements to purchasers, a considerable revenue could 
be realized by the sale of the public lands. Among other 
inducements which were held out, the government promised 
to all who would settle there that one section of land in each 
township should be set apart for the advancement of education. 
It secured to the early settlers and their posterity a permanent 
means of educating their children. The fund derived from 
the sale of these lands is called the primary school fund. 



PUBLIC SCHOOL SYSTEM, 83, 

Disposition of the Fund. — When Michigan was admitted as 
a State into the Union, the sections of land set apart for edu- 
cational purposes, were conveyed to the State for the use of 
the public schools. All money derived from the sale of these 
lands remains a perpetual fund, the interest of which is appor- 
tioned annually among those school districts that during the 
year maintain a school the length of time required by law. 
This apportionment is based on the number of school children 
in each district. One-half of what the State receives from 
the sales of swamp lands also goes to this fund. 

1. The law provides that district schools must be taught as follows : — 
Districts with from I to 30 children, not less than three months. 

« " " 30 to 800 " " " " five *' 

u « n g 00 or over u u u u n j ne « 

2. The primary school fund is apportioned by the Superintendent of 
Public Instruction among the townships, and by the Township Clerks 
among the districts. It can only be used to pay teachers' wages. In 1882 
the income from this fund amounted to #639,068.47. The rate per capita 
was #1.24. 

3. The swamp lands were given to the State by Congress. A great 
proportion of the lands are swamp only in name, and comprise some of 
the most valuable lands in the State. 

Sections. — When the public lands of the United States are 
surveyed, they are laid out in townships and numbered. Each 
township is six miles square, and consequently contains thirty- 
six square miles, or 23,040 acres. Every township is subdi- 
vided into thirty-six equal divisions, or square miles, called 
sections. A section, then, is a square mile, or 640 acres. 
The sixteenth section of every township is set apart for the 
support of the public schools. 



«4 



CIVIL GOVERNMENT. 



A Township. 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


3i 


32 


33 


34 


35 


36 



Townships are first numbered and afterwards named; as, Adrian 
Township, Ann Arbor Township. Section one is always in the north-east 
corner of a township, and the numbers run as indicated in diagram. 

The One-Mill Tax. — On all the taxable property of the 
State, there is levied an annual tax of one-mill on the dollar 
for school purposes. This is called the one-mill tax. 

This tax is assessed by each Supervisor upon the taxable property of 
his township. It amounts, on an average, to about one dollar per child. 

School District Taxes. — At the annual meeting of each 
school district, money is voted for school purposes, as the 
building of school-houses, keeping them in repair, pur- 
chasing the necessary appendages and school apparatus. 
Money thus voted, together with the amount estimated by 
the District Board as necessary for hiring teachers, and for 



PUBLIC SCHOOL SYSTEM. 85 

meeting all expenses arising from the proper maintenance 
of the school during the year, is levied by the Supervisor 
on the taxable property of the school district. 

School Libraries. — Every township is required to main- 
tain a township library. Instead, however, of a township 
library, a school library in each district may be substituted. 
All money received from penal fines, is applied to the pur- 
chase of books, and a part of the one-mill tax may also be 
appropriated for the same purpose. The value and impor- 
tance of school libraries can not be overestimated. Useful 
information contained in well selected books, affects almost 
as much good as the schools themselves. As public opinion 
becomes more enlightened and better informed, the govern- 
ment will become more permanent and equitable. 

Superintendent of Public Instruction. — Our system of 
public instruction, in some of its features, is derived from 
Prussia. In accordance with the Prussian system, an officer 
is elected, called the Superintendent of Public Instruction, 
whose duty it is to devote his entire labor and thought to 
the perfection of our educational system, and to the over- 
sight, not only of primary schools, but also of the Univer- 
sity, high schools, colleges, and all other institutions of a 
like character established in the State. Although the man- 
agement of these institutions is intrusted to certain boards, 
yet over all is placed the State Superintendent, who repre 
sents the watchful care of the State over its educational 
interests. 

Duties of the State Superintendent. — The Superintendent 
of Public instruction has the general supervision of the 
educational interests of the State, and is, by virtue of his 
office, a member and secretary of the State Board of Edu- 



86 CIVIL GOVERNMENT. 

cation. It is his duty to promote, as far as possible, 
the efficiency of the public school system. Institutions of 
learning are at any time subject to his visitation and exami- 
nation, and are annually required to report to him their 
condition and progress. His more important duties are, — 
i. To apportion the income of the primary school fund 
among the several townships and cities of the State. 

2. To hold teachers' institutes. 

3. To appoint a board of visitors to the University, and 
to all incorporated institutions of learning, 

4. To cause to be printed the school laws of the State. 

5. To prepare annually a report to the Governor of 
the apportionment of the primary school money, the 
condition of the various educational institutions of 
the State, and such plans for their improvement and 
better organization as he may deem expedient. This 
report is transmitted by the Governor to the Legis- 
islature. 

1. The report of the State Superintendent is printed each year for 
distribution. 

2. A board of visitors consists of three persons. Each board is 
appointed annually, with the exception of the board of visitors to the 
University, which is appointed every two years. The members of each 
board examine the condition of the institution which they are appointed 
to visit, in all of its departments, and report the result to the Superinten- 
dent of Public Instruction, with such suggestions as they may deem proper. 

State Board of Education. — The State Board of Educa- 
tion consists of three persons, elected by the people of the 
State at the general election in November, and the Super- 
intendent of Public Instruction, who, by virtue of his office, 
is a member and secretary of the Board. All the members, 
with the exception of the Superintendent of Public Instruc- 



PUBLIC SCHOOL SYSTEM. 87 

tion, are elected for six years, one being elected at each 
general election. The duties of the Board are,. — 

1. To examine teachers for State certificates. 

2. To prepare questions to be used by the County 
Board of School Examiners in the examination of 
teachers. 

3. To prepare lists of books suitable for township and 
district libraries, and make arrangements with re* 
sponsible parties to furnish these books to school 
libraries at the lowest rates. 

4. To have general supervision of the State Normal 
School. 

Township Board of School Inspectors. — The Township 
Board of School Inspectors consists of, — 
The School Inspectors, 
The Township Clerk. 
The Inspector whose term of office soonest expires is 
chairman of the Board and treasurer, and the Township 
Clerk is the clerk. 

Women are eligible to the office of School Inspector. 
Duties of the Board. — The most important duties of the 
Board are, — 

1. To divide the township into school districts. 

2. To have general supervision of the township library. 

The principal duty of the Board is to divide the town- 
ship into school districts, and to regulate and alter the 
boundaries as circumstances render necessary. The Board 
also receives from the Township Treasurer all money 
belonging to the township library, purchases books, and 
has the general management of the library. 



88 CIVIL GOVERNMENT. 



In townships in which there are district libraries, instead of a township 
library, the management of the libraries is intrusted to the District Boards. 
Each Board appoints its own Jibrarian. 

Chairman of the Board of School Inspectors. — It is the 
duty of the chairman of the Board of School Inspectors to 
visit the schools in his township at least once in each term, 
and examine carefully the discipline, mode of instruction, 
and the progress and proficiency of the pupils. It is also 
his duty to counsel with teachers and District Boards as to 
courses of study to be pursued, and with reference to any 
improvement in discipline and instruction in the schools; 
to note the condition of the school-houses, and, if neces- 
sary, suggest plans for their improvement ; and to promote, 
as far as possible, the efficiency of the schools of his township. 
i. The chairman is subject to the advice of the County Board of 
School Examiners. 

2. When visiting schools he is entitled to two dollars per day. 

3, If a school is not conducted in a successful and profitable manner, 
it is the duty of the chairman to report the fact to the secretary of the 
Board of School Examiners. 

County Board of School Examiners. — The Board of 
School Examiners consists of three members, elected for 
three years, one being elected each year. This Board ex- 
amines persons desiring to teach, and grants teachers' certif- 
icates. 

Each School Inspector receives four dollars a day when performing 
the duties of his office. The secretary of the Board also receives two 
doll irs for each school district in the county, for services and expenses as 
secretary. 

Election of School Examiners. — The School Exami- 
ners are elected by the chairmen of the Township Boards 
of School Inspectors. On a day designated by law, the 



PUBLIC SCHOOL SYSTEM. 89 

•chairmen of the Boards of School Inspectors of the several 
townships in each county, meet at. the office of the County- 
Clerk, and elect a School Examiner. The term of office of 
one Examiner expires each year. 

1. The County Clerk is clerk of the election. In case of a tie, he 
gives the casting vote. 

2. The election of School Examiners occurs on the first Tuesday of 
August. 

Joint Meeting. — After the election of a School Exami- 
ner, there is a joint meeting of the chairmen of the Town- 
ship Boards of School Inspectors and the County Board of 
School Examiners. The object of this meeting is to con- 
sult with reference to the general interests of the schools, 
and to devise plans for greater efficiency in the work of 
supervision. As the School Examiners are intrusted with 
the work of ascertaining the character and qualifications 
of teachers, and the chairmen of the Boards of School 
Inspectors are required to examine the work actually being 
done in the schools and exercise a local supervision, it will 
be seen that, to insure the best results, there must be some 
unity of action between the County Examiners and the 
chairmen of Township Boards of School Inspectors. 

1. The chairman of the Board of School Examiners presides at the 
joint meeting, and the secretary of the same Board acts as secretary. 

2. The chairmen of the Boards of School Inspectors receive three 
dollars a day when in attendance at the joint meeting. 

Organization of the Board of School Examiners. — The 
School Examiners meet at the office of the County Clerk 
and organize as a Board by first electing one of their num- 
ber as secretary. The secretary is the principal officer of 
the Board. After the election of secretary, the law requires 
that the School Examiner, other than the secretary, whose 



90 CIVIL GOVERNMENT. 

term of office soonest expires, shall be chairman. 

i. The School Examiners meet to organize on the fourth Tuesday 
of August of each year. 

2. If a vacancy occurs in the Board, the Judge of Probate has the 
power to fill it for the unexpired portion of the term. He also has the 
power to remove any member of the Board for immorality, incompetency, 
or neglect of duty. 

Examination of Teachers, — The Board of Examiners 
are required to examine all persons who may offer them- 
selves as teachers, and to grant certificates to all persons 
who are ifcund qualified in respect to good moral character, 
learning, and ability to instruct and govern a school. No 
certificate can be granted to any one who has not passed 
a satisfactory examination in orthography, reading, writing, 
grammar, geography, arithmetic, the theory and art of 
teaching, United States history, and civil government. The 
Board can suspend or revoke a teacher's certificate for neg- 
lect of duty, incompetency to instruct or govern a school, 
or immorality. No school officer has a right to employ 
any one to teach who does not have a proper certificate 
from the County Board of School Examiners, or other law- 
ful authority. 

1. School officers may have an understanding with teachers awaiting 
an examination, but to employ a person to teach who does not hold a 
proper certificate, is a violation of the law. 

2. The law provides for at least two regular public examinations in 
each year at the county seat, on the last Friday of March and October. 
Special public examinations are also held at such times and places as the 
Examiners appoint. 

3. By lawful authority is meant the State Board of Education, Board 
of Instruction of the Normal School, districts having special charters 
authorizing the School Board to grant certificates, officers of school dis- 
tricts organized in whole or in part in incorporated cities, and the County 



PUBLIC SCHOOL SYSTEM. 9 1 

Board of School Examiners. 

Teachers' Certificates. — There are three grades of certi- 
ficates. Certificates of the first grade are granted only to 
those who have taught at least one year with ability and 
success, and are valid throughout the county for three years ; 
certificates of the second grade are granted to those who 
have taught at least six months, and are valid for two years ■ 
certificates of the third grade license a person to teach fcr 
one year. No certificate is valid beyond the county in 
which it is given. 

1. If a teacher's certificate expires during a term of school, care should 
be taken to renew it in season. Public money can not lawfully be paid 
to a teacher for services rendered after the time of the certificate has 
expired. 

2. Every male teacher receiving a certificate is required to pay a fee 
of one dollar ; and every female teacher, a fee of fifty cents. No teacher, 
however, is required to pay this lee more than once in any school year. 
All money thus paid is used for the support of teachers' institutes. 

3. The Secretary of the Board of School Examiners may, on exami- 
nation, grant special certificates licensing the holder to teach in a specified 
district till the next public examination by the Board. In addition to the 
regular institute fee, the teacher so licensed is required to pay the secretary 
a fee of one dollar, as a compensation for his services in holding such 
special examination. 

State Certificates. — State certificates entitling the holder 
to teach in any of the schools of the State without further 
examination, are granted by the State Board of Education 
after a thorough and critical examination. Only teachers 
of considerable scholarship and ability can secure these 
certificates. State certificates are valid for ten years, unless 
revoked by the Board. 

1. The examination fee is five dollars. 

2. The members of the State Board of Education receive three dol- 



92 CIVIL GOVERNMENT. 

lars a day and traveling expenses while engaged in examining teachers 
or preparing examination questions for the use of County Boards of School 
Examiners. 

Something Prohibited. — Superintendents and teachers of 
public schools are prohibited by law from acting as agents 
for any author, bookseller, or publisher, or from receiving 
a reward for their influence in securing the purchase of 
books, school apparatus, or furniture. 

School District. — The school district is the smallest divi- 
sion of our educational system, just as the township is the 
smallest division of our political system. Every school 
district organized according to law is a corporate body and 
is numbered. It is capable of suing and being sued, and 
of holding and selling real and personal property. In each 
district a school-house is built. 

1. The great evil of our educational system is the division of town- 
ships into small school districts. Undoubtedly a township system of 
graded schools would be much more efficient. 

2. Sometimes a school district is formed that lies partly in one town- 
ship and partly in another, or partly in three or four townships. This is 
called a fractional district. 

School Meetings. — The annual meeting of a school dis- 
trict is held on the first Monday in September of each year, 
and the school year commences on that day. Special meet- 
ings may be called by the District Board at any time. 

i. It is the duty of the District Board to call a special meeting at the 
written request of not less than five legal voters of the district. 

2. Only such business can be legally transacted at a special meeting 
as is indicated in the notice of the meeting. 

Powers of School Meetings. — School meetings have the 
power to direct the building or purchasing of school-houses, 
impose taxes for school purposes, authorize and direct the 



PUBLIC SCHOOL SYSTEM. 93 

sale of school property, determine the length of time the 
schools are to be taught, elect members of the District 
Board, and adopt such measures as may be necessary for 
the protection and development of school interests. 

1. The amount of taxation and indebtedness for school purposes is 
limited by law. 

2. A school month consists of four weeks of five days in each week. 

3. If a school is not taught the length of time required by law, it 
forfeits its share of the income of the primary school fund and of the one- 
mill tax. 

Qualifications of Voters. — Every person of the age of 
twenty-one years who has taxable property, and has resided 
in the school district three months preceding the district 
meeting, is qualified to vote upon all questions. When the 
raising of money by taxation is not in question, all persons 
who are entitled by the laws of the State to vote, and who 
have resided in the district three months, can vote. 

1. No person is eligible to office unless he is a tax payer. 

2. Women who are tax payers can vote at a school meeting, and are 
eligible to office. 

District Board. — The District Board consists of the, — 

1. Moderator, 

2. Director, 

3. Assessor. 

The Moderator is chairman, the Director is clerk, and 
the Assessor is treasurer. The District Board has the 
general care and supervision of the school, and it has the 
power to establish such rules and regulations for its disci- 
pline and management as it may deem proper The suc- 
cess of the school mainly depends on its careful oversight 
and ability. It is the medium through which the district 
acts as a corporation. The Board hires teachers, prescribes 



94 CIVIL GOVERNMENT. 

text-books, purchases books for the use of children whose 
parents are not able to furnish them, applies money as 
directed by the district meeting, and performs such duties 
as the interests of the school demand. It is required to 
present to the annual meeting a report, in writing, of all 
receipts and disbursements. 

1. District officers are elected for a term of three years, one being 
elected each year. A majority vote is necessary to elect. 

2. It is the duty of the Board to fill by appointment any vacancy that 
occurs in its number, or call a special meeting to fill the vacancy by an 
election. 

3. District Boards are required to make reports to the Township Board 
of School Inspectors, the Township Board to the County Clerk, and the 
County Clerk to the Superintendent of Public Instruction. 

Moderator. — It is the duty of the Moderator to pre- 
side at all meetings of the district, preserve order, and 
perform the usual duties of a presiding officer. He is also 
chairman and a member of the District Board. 

If the Moderator is absent from a school meeting, some other person 
may be selected to preside. 

Assessor. — The Assessor is treasurer and a member of 
the District Board. No money can legally be paid out by 
the district except through him. He is required to pay all 
orders of the Director, countersigned by the Moderator. 

1. The Assessor appears for the district in all suits, when no other 
directions are given at the school meeting, except in suits in which he is 
interested adversely to the district. 

2. He is obliged to give bonds to double the amount of money that 
is likely to come into his hands. 

Director. — The Director is clerk and a member of the 
District Board, and he is also clerk of all district meetings 
He keeps a record of all proceedings, and preserves all 



PUBLIC SCHOOL SYSTEM. 95 

books and papers belonging to his office. It is also his 
duty, — 

i. To give notice of all school meetings, and draw all 
warrants and orders. 

2. To draw books from the township library, and dis- 
tribute them in his district. 

This, however, is not in force in townships having district libraries 

3. To keep the school-house in repair during the time 
school is taught. 

Although the District Board has the general care of the school-house 
and school property, the Director is intrusted more especially with this 
duty. 

4. To make a report, at the end of each school year, 
to the School Inspectors, of such facts as are pre- 
scribed by law, or required by the Superintendent 
of Public Instruction. 

The Director is required to take a census of the school children of 
his district, unless some other person is appointed to do so by the District 
Board. 

Graded Schools. — When the voters of any school dis- 
trict, containing more than one hundred school children, 
desire to establish a graded school, they may elect a Board 
of six Trustees with power to choose their own officers and 
to establish such a school. Two or more contiguous dis- 
tricts, having together more than two hundred school 
children, may unite for the same purpose. 

1. The term union school-house is used to designate the school estab- 
lished by the union of two or more districts. 

2. The annual meeting of graded schools may be held on the second 
Monday in July. 

A Graded School Defined. — A graded school is one in 
which the pupils are divided into classes according to their 



Q6 CIVIL GOVERNMENT. 

attainments. In the ordinary district school, there is very- 
little opportunity for a uniform gradation of classes, but 
pupils enter promiscuously when the term commences, and 
leave in about the same way when it ends. In a graded 
school, pupils may enter the lowest class in the primary 
department, and by a series of promotions from one grade 
to another, may finally reach the high school. The advan- 
tages of graded schools are very evident, and the Legisla- 
ture has made provision for their establishment and main- 
tenance. 

Powers of Trustees. — The Board of Trustees, like the 
District Board, has the general care and supervision of the 
schools, and they have power to establish such rules and 
regulations for their discipline and management as they 
may deem proper. They hire teachers, prescribe text- 
books, purchase books for the use of children whose parents 
are not able to furnish them, apply money as directed by 
the annual school meeting, and perform such duties as the 
interests of the schools demand. They are also obliged to 
present to the annual school meeting a report, in writing, of 
all receipts and disbursements. In addition to these the 
usual duties of a District Board, they adopt means for the 
proper grading of the schools, and they have the power to 
establish a high school, and to collect tuition for instruc- 
tion in any branches, not only from non-resident pupils, but 
also from resident pupils. 

1. The Trustees are elected for three years, two being elected each 
year. 

2. Additional powers are sometimes conferred on Boards of Trustees 
or school districts by special act of the Legislature. 

City Superintendent of Schools. — In the large cities of 



PUBLIC SCHOOL SYSTEM. 



97 



the State, the Board of Trustees delegates the more im- 
mediate management of the schools to an officer called the 
Superintendent. The powers of a City Superintendent are 
varied, and his duties and responsibilities are great. He 
is the executive officer of the Board, and is required to de- 
vote most of his time to the general oversight of teachers 
and schools. He is responsible for the internal management 
of the schools. 

In graded schools where the principal teacher devotes most of his time 
to teaching, and but little to supervising the work of others, his proper 
title is Principal and not Superintendent. 

The Normal School. — One of the first measures essen- 
tial to the success and good government of the public 
schools was to provide for the training of teachers for their 
special work. Without competent teachers the most per- 
fect system must fail of securing permanent results. In 
order, therefore, to properly qualify persons to teach in the 
public schools of the State, a Normal School has been estab- 
lished in the city of Ypsilanti. The aim of this school is 
to give instruction, — 

1. In the theory and practice of teaching ; 

2. In all the various branches that are taught in the 
public schools of the State. 

Applicants for admission are required to sign a declar- 
ation of their intention to follow the business of teaching. 

1. In connection with the Xormal School is a practice school, which 
comprises two departments, — primary and grammar. In this school, the 
pupils are afforded the means of teaching, and observing the practical 
working of, a graded school. 

2. Form of Declaration. — " I hereby declare that my object in enter- 
ing the Normal School is to prepare myself for the work of teaching.'* 

Revemces of the Normal School, — The Normal School 



98 CIVIL GOVERNMENT. 

has a permanent endowment derived from the sale of lands 
dedicated to that purpose. In addition to the income de- 
rived from this fund, the State makes an annual appropria- 
tion for its support. The pupils are also required to pay a 
small tuition fee. Each member of the State Legislature 
may designate two pupils from his district to receive instruc- 
tion free of tuition. 

Twenty-five sections of land, 16,000 acres, were appropriated by the 
etate for the Normal School. From the sale of these lands, a permanent 
endowment fund of more than $69,000 has been realized. The annual 
expenses of the school are about $24,000. 

Board of Education. — The general management of the 
Normal School is intrusted to the State Board of Educa- 
tion. This Board has power to appoint and remove teachers, 
and prescribe their duties, fix salaries, prescribe text-books, 
and make such regulations and by-laws as are necessary for 
the good government and management of the school. 

1. Persons are appointed each year by the Board of education to ex- 
amine into the management and mode of instruction of the school, and to 
report to the Superintendent of Public Instruction their views with regard 
to its condition, together with such suggestions as they may deem proper. 

2. The members of the Board, and persons appointed as visitors, are 
entitled to two dollars a day for actual services, and to their necessary 
traveling expenses. 

3. The Superintendent of Public Instruction is required by law to visit 
the school at least once in each term, and to annually make a full report 
to the Legislature of the doings of the Board of Education. 

Normal School Certificates. — In addition to the diplomas 
conferred by the State Board of Education upon all those 
who have completed full courses of study, the faculty of the 
Normal School are required to grant certificates to all re- 
ceiving diplomas, which legally qualify them to teach in the 



PUBLIC SCHOOL SYSTEM. 99 

public schools of the State, without any examination. 
The University, — To complete and give unity to the 
educational system of the State, a University has been estab- 
lished at Ann Arbor. It stands at the head of the public 
schools in the State, and is the culmination of our public 
school system. Any course commenced in a well organized 
high school finds its completion in the University. Thus 
the State has not only bountifully provided all with the 
means of securing the benefits of an elementary education 
in the public schools, but it has also generously placed, 
within the reach of all, the means of securing a' liberal cul- 
ture in all departments of human knowledge. 

1. Graduates from schools approved by the faculty are admitted with- 
out an examination. 

2. In 1882, there were eighty-seven professors and assistants, and 
fifteen hundred and thirty-four students. 

Revenues of the University. — The University, like the 
Normal School, has a permanent endowment fund derived 
from the sale of lands dedicated to that purpose. In addi- 
tion to the interest derived from the endowment fund, it 
receives, — 

1. A twentieth of a mill tax on all the taxable property 
of the State ; 

2. An annual State appropriation ; 

3. Students' fees. 

1. It is a curious fact that it was the design of the founders of the 
University that part of its support should be derived from lotteries, and 
provision was made for their establishment. This, however, was no un- 
usual thing in early days, and even now in some States there are literary 
and benevolent institutions supported by this means. 

2. Two townships were given by Congress to Michigan for the support 



^OO CIVIL GOVERNMENT. 

-of a University. From the sale of public lands thus given, the University 
has secured a permanent fund of about $543,000. 

3. In 1882, the interest of the University fund was #38,398.47 ; the 
twentieth of a mill tax amounted to $38,250; the annual State appropria- 
tion to $76,000; students' fees to $69,295. 

Board of Regents. — The general management of the 
University is intrusted to a Board of Regents, eight in 
number, elected by the people of the State for a term of 
eight years. The election of Regents occurs at the same 
time as that of Judges of the Supreme Court, on the first 
Monday in April. They have power to appoint and re- 
move professors, tutors, and officers, and prescribe their 
duties, fix salaries, regulate the courses of instruction, pre- 
scribe, under the advice of professors, the books and authori- 
ties to be used in the several departments, confer degrees, 
and make all such regulations and by-laws as are necessary 
for the good government and management of the University. 
The more immediate management of the several departments 
is intrusted to the president of the University and the re- 
spective faculties. 

1. The presiding officer of the Board is the president of the Uni- 
versity. He does not, however, have the right to vote. 

2. The Regents, and persons appointed as visitors, receive pay for 
actual and necessary expenses incurred by them in the performance of 
their duties. 

Agricultural Colleges- — It is only within a few years that 
agricultural colleges have been generally established. In 
1862, Congress gave to the several States public lands to 
the amount of 30,000 acres for each Senator and Repre- 
sentative in Congress, provided that each State, within five 
years, should establish an agricultural college. The colleges 
Jiave given a wonderful impulse to agricultural pursuits, 



PUBLIC SCHOOL SYSTEM. IOI 

and have created a demand for agricultural literature. 
Newspapers recognizing this fact, devote considerable space 
to general information on agricultural topics. 

State Agricultural College. — The State of Michigan was 
the first to put into successful operation a State Agricultural 
College. The leading object of this institution is to teach 
such branches as are related to agriculture. Connected 
with the college is a farm and garden, in which students are 
required to work three hours each week-day, except 
Saturdays, and they are paid for most of their labor accord- 
ing to their ability and fidelity, the maximum rate being 
•eight cents per hour. This college is located at Lansing. 

1. Candidates for admission into the freshman class are examined in 
arithm tic, geography, grammar, reading, spelling, and penmanship. 
Tuition is free. 

2. The farm consists of six hundred and seventy-six acres. The 
long vacation occurs during the winter months. 

Revenues of the Agricultural College. — The Agricul- 
tural College has a permanent endowment derived from the 
partial sale of the public lands given by Congress, and the 
Legislature also makes appropriations for its support. When 
all the public lands belonging to the college are disposed 
of, the endowment will in all probability be sufficient for its 
support. 

The Agricultural College has received 235,673.37 acres of land. Up 
to 1882, 104,612.24 acres have been sold, from which has been realized 
fe9,°58.32. 

State Board of Agriculture. — This Board consists of 
six members, besides the Governor and the president of the 
Agricultural College, who are members by virtue of their 
office. Members of the Board are appointed by the Gov- 
ernor for six years, with the consent of the Senate, two 



102 CIVIL GOVERNMENT. 

being appointed every two years. They have general con- 
trol and supervision of the college and farm. 

1. Any vacancy in the Board may be filled by a majority of the mem- 
bers. 

2. The members are paid their traveling and other expenses, while 
employed on the business of the Board. 

Secretary of the State Board of Agriculture. — A secretary 
is appointed by the Board, whose duty it is to keep a record 
of the transactions of the Board and of the Agricultural 
College and farm. He receives reports from the various 
agricultural societies in the State. It is also his duty to 
correspond with societies and farmers with a view to obtain 
information upon the newest and best methods in agricul- 
ture, stock-raising, and the dairy ; to purchase and distribute 
rare and valuable seeds, plants, shrubbery, and trees; to 
encourage the importation of live stock, and the invention 
and improvement of labor saving machines ; and to promote, 
as far as possible, such domestic industries as ?re calculated 
to promote the general thrift, wealth, and resources of the 
State. He is also required to make an annual report to the 
Legislature at every regular session, and to the Governor 
when the Legislature is rot in session. The report is 
printed, and distributed among the agricultural societies 
and farmers of the State. 

1. This report embraces statements, accounts, statistics, essays, and 
other information relative to agriculture, the proceedings of the State Board 
of Agriculture, of the State Agricultural College and farm, of the S;ate 
Agricultural Society, and of county agricultural societies. 

2. An appropriation is made by the Legislature to meet the annual 
expenses which are incurred in the purchase and transportation of seeds 
and other contingent expenses of the office. 

Institutes for the Promotion of Agriculture. — Under the 



PUBLIC SCHOOL SYSTEM. IO3 

auspices of the State Board of Agriculture, institutes are 
held in various parts of the State during the winter months. 
The exercises at these institutes consist of essays, lectures, 
and discussions on agricultural topics, by members of the 
faculty of the Agricultural College, and others interested in 
agricultural pursuits. 

State Agricultural Society. — To promote the interests of 
agriculture, and to encourage the manufacturing interests 
of the State, a State Agricultural Society has been estab- 
lished. This society holds meetings for the discussion of 
agricultural topics, and to devise plans for the better 
development and encouragement of agricultural and domes- 
tic industries. It also holds an annual fair, to which exhibi- 
tors are invited from all parts of the State. Premiums are 
offered to exhibitors in order to encourage competition. 

There is a State Horticultural Society, and in many counties there are 
county agricultural and horticultural societies. 

Teachers' Institutes. — Whenever any number of teachers 
assemble for the purpose of receiving instruction in methods 
of teaching, school discipline, and school management, such 
an assemblage is called a teachers' institute. Teachers of 
established reputation in the State are selected to take charge 
of them. The value of well conducted institutes can not be 
overestimated, and their importance and influence through 
the teachers on the schools is so great that the Legislature 
has made provision for their encouragement and support. 
They are of two kinds, — 

1. County institutes, 

2. State institutes. 

County Institutes. In counties having not less than one 
thousand children between the ages of five and twenty years, 



104 CIVIL GOVERNMENT. 

the Superintendent of Public Instruction is required annually 
to appoint a time and place, and make all suitable arrange- 
ments for a county institute. He is either obliged to con- 
duct the institute himself or to appoint some suitable person 
to do so. The fees received for teachers' certificates are 
used to defray all necessary expenses, as the hiring of rooms, 
procuring teachers and lecturers, etc. If the fees thus re- 
ceived are not sufficient to defray all expenses, the deficiency 
is met by the State. 

1. In counties having less than one thousand children, the holding of 
an institute is optional with the State Superintendent, unless he is requested 
to hold one by fifteen teachers. If there is not a sufficient number of 
teachers in a county to make such request, the teachers of two or more 
adjoining counties may unite for this purpose. 

2. All fees received by the County Board of School Examiners for 
teachers' certificates are paid over to the County Treasurer of the county 
in which they are collected, and set apart for the support of teachers' 
institutes. 

3. In case the county fund is insufficient, a sum not to exceed sixty 
dollars can be drawn from the State treasury for the expenses of each insti- 
tute of five days' duration. 

State Institute. — In addition to county institutes, a State 
institute is usually held each year, under the direction of the 
Superintendent of Public Instruction. This is designed to 
furnish thought and give direction to county institutes. 
With this end in view, distinguished educators are secured 
to present the best methods of instruction and discipline, 
and the ripest thoughts on educational subjects. The ex- 
penses of this institute are defrayed by the State. 

A sum not to exceed four hundred dollars can be drawn from the State 
treasury for the expenses of a State institute. 

State Teachers' Association. — To promote the interests 



PUBLIC SCHOOL SYSTEM. IO5 

of education, and to secure co-operation among the teachers 
of the State, a State Teachers' Association has been estab- 
lished. It numbers among its members teachers in the pub- 
lic schools, professors in the Normal School, in the Uni- 
versity, and in denominational schools and colleges, together 
with others interested in educational work. At these annual 
meetings, there are lectures, essays, and discussions on edu- 
cational topics, methods of instruction and discipline are 
compared, and means are adopted to secure such legislation 
as may be needed for the successful working of the public 
school system. 

In some counties there is also a county association of teachers. 

Remark. — There is a marked distinction between a 
teachers' institute and a teachers' association. A teachers' 
institute is really a training school for teachers, and performs 
the work of a normal school. A teachers' association con- 
sists of a number of teachers united for mutual benefit and 
improvement in educational matters. 

Other Ediccational Institutions. — Besides the institutions 
so generously maintained by the State, there are other 
schools and colleges supported by religious denominations 
and by private enterprise 



io6 



CIVIL GOVERNMENT. 



INCORPORATED EDUCATIONAL INSTITUTIONS. 



NAME OF INSTITUTION. 



Adrian College. 

Albion College. 

Battle Creek College. 

Grand Traverse Col- 
lege. 

Hillsdale College. 

Hope College. 

Kalamazoo College. 

Olivet College. 

Michigan Female 
Seminary. 

Detroit College. 

Michigan Military- 
Academy. 

Monroe Young 
Ladies' Institute. 

Raisin Valley 
Seminary. 

Somerville School. 

Spring Arbor 
Seminary. 



Adrian. 
Albion. 
Battle Creek. 

Benzonia. 
Hillsdale. 
Holland City. 
Kalamazoo. 
Olivet. 

Kalamazoo. 
Detroit. 

Pontiac. 
Monroe. 

Adrian. 
St. Clair. 
Spring Arbor. 



DENOMINATION. 



Methodist Protestant. 

Methodist Episcopal. 

Seventh Day Advent- 
ists. 

Congregational. 

Free Will Baptist. 

Dutch Reformed. 

Baptist. 

Presbyterian and Con- 
gregational. 

Presbyterian. 
Catholic. 

Non-sectarian. 
Non-sectarian. 

Friends. 
Non-sectarian. 
Free Methodist. 



PUBLIC SCHOOL SYSTEM. 



107 



BOARDS AND OFFICERS. 



Superintendent of 
Public Instruction 



Board of Regents 



NUMBER, TERM, WHEN 
ELECTED. 



State Board of 
Agriculture. 



State Board of Edu- 
cation. 



One, two years 
at general election 
in November. 

Eight,eight years 
two every two 
years, at the April 
election. 

Six, six years, two 
appointed by the 
Governor every 
two years. The 
Governor and the 
President of the 
college are also 
members ex officio. 

Three, six years, 
one at each general 
election in Novem- 
ber, and the Super- 
intendent of Pub- 
lic Instruction, who 
is a member ex 
icio y and secre 
tary of the Board. 



DUTIES OF. 



General super- 
vision of the edu- 
cational interests 
of the State. 

General man- 
agement of the 
University. 



General man- 
agement of the 
Agricultural Col- 
lege. 



Grants State 
certificates, pre- 
pares examina- 
tion questions, 
and lists of books 
for school libra- 
ries, and has the 
general manage- 
ment of the Nor- 
mal School. 



io8 



CIVIL GOVERNMENT. 



BOARDS AND OFFICERS. 



Board of Trustees. 



County Board of 
School Examiners 



Township Board 

of Inspectors. 
School Inspectors. 
Township Clerk. 



District Board. 
Moderator. 
Director. 
Assessor. 



NUMBER, TERM, WHEN 
ELECTED. . 



Six, three years, 
two at each annual 
school meeting-. 

Three, three 
years, one elected 
each year by the 
chairmen of the 
Township Board 
of School Inspec- 
tors. 

Two Inspectors in 
each township, two 
years, at the annual 
township election 
in April. The 
Township Clerk is 
a member ex officio. 

Three in each 
school district, 
three years, one at 
each annual school 
meeting. 



DUTIES OF. 



General man- 
agement of grad- 
ed schools. 



The examina- 
tion of teachers. 



The division of 
the township into 
school districts, 
and the general 
supervision of the 
township library. 



General man- 
agement of the 
district school. 



The annual school meeting occurs on the first Monday in September, 
In districts having graded schools, the annual meeting is held on the first 
Monday in September, or the second Monday in July, 



STATE INSTITUTIONS. IO9 



CHAPTER X. 



STATE INSTITUTIONS. 

Other State Institutions. — In addition to the educational 
institutions described in the preceding chapter, there are also 
others which have been established and are maintained by the 
State. These may be classified as follows: — 

1. Charitable, 

2. Reformatory, 

3. Penal. 

Charitable Institutions. — The charitable institutions are, — 

1. State Public School at Coldwater; 

2. Institution for Educating the Deaf and Dumb at 
Flint, and school for the Blind at Lansing ; 

3. Asylums for the Insane at Kalamazoo, Pontiac, and 
Traverse City. 

State Public School. — The State Public School is designed 
as a temporary home for dependent and neglected children. 
Here the homeless and poor-house children of the State are 
clothed and fed and educated, until suitable homes can be 
procured for them in private families. In this way, aban- 
doned and neglected children, instead of growing up in idle- 
ness and crime, are well cared for, and placed in the way of 
becoming useful citizens. This public charity is peculiar to 
our own State. 

1. A record is kept of the parentage and history of each child. 

2. The general management of this school is intrusted to a board 
known as the Board of Control of the State Public School. It consists 



IIO CIVIL GOVERNMENT. 

of three members, who are appointed by the Governor, with the advice and 
consent of the Senate, for six years, one being appointed every two years. 
They receive three dollars a day for actual services, in addition to their 
necessary expenses. 

Internal Management. — The children are divided into 
families, each family occupying a cottage and being under the 
care of a lady cottage manager. Thus the children have the 
surroundings and influences of a well regulated home. A 
good school is maintained, which each child is obliged to 
attend, and those who are old enough to perform labor are 
required to work a certain number of hours each day. 

The Deaf and Dumb. — Among some barbarous nations, it 
was the custom to put to death all deaf children when three 
years of age. They were regarded as monsters. Other 
nations have regarded them as being under the curse of heaven. 
Among the Romans, they were debarred from all civil rights. 
In all ages, the condition of these unfortunates has been sad 
in the extreme, and it was thought beyond the limits of possi- 
bility to instruct them or fit them for any of the occupations 
of their fellow beings. Recent observations and modern 
philanthropy have changed the opinion entertained by the 
ancients, and in all Christian countries, efforts are now being 
made to educate and fit them for some useful occupation. 
The result has been that many deaf-mutes have become dis- 
tinguished in the various walks of life. 

1. It was said by the poet Lucretius, who was born in 95 B. C, — 

" To instruct the deaf, no art can reach ; 
No care improve and no wisdom teach." 

2. The first institution for the education of deaf-mutes in the United 
States was established in 181 7. In 1880, there were fifty- six. 

The Blind. — The condition of the blind has always been 
better than that of the deaf and dumb. The ancients had a 
certain degree of reverence for them, and they regarded some 



STATE INSTITUTIONS. Ill 

of them as having the gift of prophecy. During the Mid- 
dle Ages, provision was made for their support and pro- 
tection ; but it is only in modern times that any attempt has 
been made to educate them. 

The first institution for the blind in the United States was opened in 
1832. In 1880, there were thirty-one. 

Institutions for Educating the Deaf a?id Dumb, and the 
Blind. — These institutions are not in any sense asylums or 
hospitals, but they were established for the purpose of edu- 
cating the deaf and dumb, and the blind. They really 
form a part of the free public school system of the State. 
Pupils between the ages of ten and twenty one years are 
admitted and permitted to remain for eight years. Board, 
tuition, and books are furnished free of charge, and if 
parents or guardians are unable to furnish clothing, this also 
is provided at the expense of the county in which the pupil 
resides. In this way, the privileges of the two schools 
are brought within the reach of all. 

1. The Board of Control of each institution consists of three members 
appointed by the Governor, with the advice and consent of the Senate, for 
six years, one member of each Board being appointed every two years. 

2. The members receive for their services three dollars a day, and 
their necessary expenses. 

Occupation. — The pupils, in addition to their regular 
school duties, spend several hours each day in learning 
trades, so that when they leave school, they may be able to 
earn a livelihood. 

Insane Persoyis. — Although in ancient times, insanity 
was considered by some to be a sacred disease and full of 
blessing, and insane persons were regarded as having 
prophetic power, as a general rule, the condition of insane 



112 CIVIL GOVERNMENT. 

persons, in all ages, has been very deplorable. During the 
Middle Ages, there were a few hospitals for the insane, but 
stripes and chains were the only medical treatment. " The 
amelioration of the condition of the insane has its com 
mencement in modern times." 

1. In 1882, there were ninety-six institutions for the insane in the 
United States. 

2. The earliest references to insanity are the madness of Saul, the 
feigned madness of David, and that of Ulysses after the Trojan war. 

Asylums for the Insane. — In this State there are three 
asylums for the insane, one at Kalamazoo, another at 
Pontiac, and a third at Traverse City. In each of these, 
two classes of patients are received : — 

1. Indigent patients, sent at the expense of the counties 
or towns in which they reside ; 

2. Private patients, sent at the expense of relatives or 
friends. 

The Probate Judge, when application is made, is author- 
ized to send to the asylums insane persons who are paupers 
or in indigent circumstances. In the case of paupers, appli- 
cation must be made by County Superintendents of the Poor, 
or by Supervisors. Although private patients are received, 
preference in admission is given to the poor and indigent, 
and the counties or townships sending them are obliged to 
pay for their board, medical treatment, clothing, and inci- 
dental expenses. These asylums are really hospitals, and 
are designed for the care and treatment of either curable or 
incurable patients. 

1. It is illegal to consign an insane person to a county poor-house, 
when there is room for insane persons in one of the asylums. 

2. The asylum located at Pontiac is known as the Eastern Michigan 



STATE INSTITUTIONS. II3. 

Asylum ; the one at Kalamazoo, as the Michigan Asylum for the Insane ^ 
at Traverse City, as the Northern Asylum for the Insane. 

3. When indigent patients are discharged, they are furnished with 
suitable clothing, and also with money, not exceeding twenty dollars, to 
defray necessary expenses. 

4. The general management of each asylum is intrusted to a separate 
Board of Trustees, each Board consisting of six members appointed by the 
Governor, with the advice and consent of the Senate. They hold office for six 
years, two being appointed every two years, and are paid their traveling, 
and other necessary expenses. Each Board appoints a medical superintend- 
ent, to whom is intrusted the more immediate managementjof the asylum. 

Reformatory and Penal Institutions. — There are three 
grades of institutions for the reformation and discipline of 
persons guilty of offenses against the State: — 

1. The Reform School, for boys between the ages of 

ten and sixteen. 
2 The Industrial Home, for girls between the ages of 
seven and seventeen. 

3. The House x>i Correction, for young men between 
the ages of sixteen and twenty-five, and for those 
guilty of minor offenses. 

4. The State Prison, for criminals guilty of grave 
offenses, and for hardened criminals. 

Reform School. — This school is established for the pur- 
pose of reclaiming children who have been subject to evil 
influences, and have entered upon a life of vice and crime. 
Boys between the ages of ten and sixteen who have been 
convicted of offenses not punishable by law with imprison- 
ment for life, may be sent to this school, and kept there until 
they are eighteen years of age. The Board of Control has 
the power to liberate any inmate who has been so far 
reformed as to justify his discharge, or to bind any for a 



114 CIVIL GOVERNMENT. 

' number of years to suitable persons. It may also give 
boys leave of absence for a limited period or during good 
behavior. The Reform School is located at Lansing. 

1. The Board of Control consists of three members appointed by the 
Governor, with the advice and consent of the Senate, for six years, one 
being appointed every two years. They are allowed for their services 
three dollars a day, and their necessary expenses. 

2. When the presence of a boy is prejudicial to the discipline of the 
school, the Board of Control may return him to the authorities of the 
county or city from which he was received, for punishment in some other 
institution. 

Occupation and Instruction. — This institution is not a 
prison, but a reform school. There are no bars or iron bolts. 
The aim of the school is, — 

i. To inculcate industrial and moral habits; 

2. To educate and throw around young offenders the 
influences of home life ; 

3. To inculcate the habit of cheerful and prompt obedi- 
ence to lawful authority. 

All are obliged to attend school about five hours each 
day, and they are also employed during a portion of each 
day in some industrial occupation. They are allowed certain 
hours, morning, noon, and evening, for recreation and play. 

There is a farm connected with the school, containing two hundred and 
twenty-four acres. 

Industrial Home for Girls, — The general plan and aim 
of this institution, and that of the Reform School, are the 
same. It is designed for the reformation of girls between 
the ages of seven and seventeen who have been subject to 
evil influences, and have committed offenses not punishable 
by law with imprisonment for life. The girls are placed in 
cottages, the inmates of each cottage forming a family, and 
being in charge of a cottage manager. 



STATE INSTITUTIONS. 115 

There are five members of the Board of Control, three women and two 
men, appointed by the Governor in the same manner as other Boards are 
appointed. The powers of the Board are similar to those exercised by 
the Board of Control of the Reform School. They also receive the same 
compensation. 

House of Correction. — This prison is designed more 
especially for young men guilty of a first offense, and for 
criminals not wholly depraved. They are not associated 
with hardened criminals, guilty of grave offenses, but they 
are placed under a discipline and training which aims to 
reform the criminal. All young men between the ages of 
sixteen and twenty -five, convicted of crimes not punishable 
by imprisonment for life, and all male persons guilty of a 
misdemeanor, where the imprisonment is not less than ninety 
days, may be sent to the House of Correction. This institu- 
tion is located at Ionia. 

1. The general supervision and management is intrusted to the Gov- 
ernor and three Managers appointed by him, with the advice and consent 
of the Senate. They hold office for six years, one being appointed every 
two years, and they receive three dollars for each day necessarily occupied 
in the inspection and management of the institution, together with their 
traveling expenses. 

2. A warden is appointed by the Governor, with the advice and con- 
sent of the Senate, for two years. He is responsible for the more imme- 
diate management of the institution. 

Occupation and Discipline. — All inmates of the House of 
Correction are required to labor, and are taught some of the 
mechanical trades. As the name implies, an effort is made 
to correct, by right influences, the evil tendencies of crimi- 
nals, and to make them law abiding citizens. This is 
attempted by inculcating habits of industry, by moral and 
religious training, and by books and schooling. 

Detroit House of Correction. — This institution was built 



Il6 CIVIL GOVERNMENT. 

by the city of Detroit, and it is under the control of the 
Common Council. Although it is a local and not a State 
institution, the Board of Supervisors of any county may 
make an arrangement with the Common Council of the city of 
Detroit to receive and keep persons guilty of any offense 
•except murder and treason. Young men between the ages 
of sixteen and twenty-one, guilty of a first offense, or of a 
crime not punishable with imprisonment for life ; every 
female convicted of crime ; and all others convicted of 
minor offenses, may be sent there. The counties sending 
criminals pay the city of Detroit for their care and support. 
The general plan of Detroit House of Correction and that 
at Ionia is the same, with the exception that females are not 
sent to the House of Correction at Ionia. 

1. The Detroit House of Correction is self-supporting, and has 
accumulated property to the value of $200,000, in addition to what it has 
received from the city of Detroit. During the last four years, it has paid 
into the city treasury $140,000. 

2. The general management is entrusted to four Inspectors, nominated 
by the Mayor of the city, and appointed by the Common Council. They 
hold office for four years, one being appointed each year, and they receive 
no compensation for their services. 

State Prison. — This prison is located at Jackson. It is 
designed as a place of confinement for hardened criminals, 
and for those who have been guilty of atrocious crimes. 
Criminals guilty of murder are here confined for life. 

1. The general supervision and management is entrusted to the Gov- 
ernor and three Inspectors. Their appointment, term of office, etc., are 
the same as that of the Board of Managers of the House of Correction at 
Ionia. They receive four dollars for each day occupied in the inspection 
and management of the institution, and their traveling expenses. 

2. The more immediate management is entrusted to a warden, who is 
appointed in the same manner, and for the same term, as the warden of 
the House of Correction. 



STATE INSTITUTIONS. IIJ 

Occupation and Discipline. — The prisoners are kept con- 
stantly employed at hard labor, at an average of not less 
than ten hours a day. Although it is very difficult to 
restore hardened criminals to a life of honor and usefulness, 
yet separation from evil associations, the opportunity for 
reflection, and the moral and religious influences which are 
brought to bear upon them, are all designed for this end. 
No system, however, has yet been devised that will reach all 
criminals, and it is a lamentable fact that but a very few be- 
come good citizens, after serving a term in the State Prison. 

Board of Correctioyis and Charities. — The Governor, 
with the advice and consent of the Senate, appoints a Board 
of Corrections and Charities for the general supervision of 
charitable, penal, pauper, and reformatory institutions. It 
is the duty of this Board to visit and thoroughly examine 
the prisons, asylums, and reformatories, as well as the jails 
and poor-houses of the several counties. It cannot interfere 
with the functions of the boards of control having immediate 
care of these institutions, nor can it interfere directly with 
the internal management of any of these establishments; but 
it scrutinizes their management, points out their defects, 
reports to the Governor their excellencies and their faults, 
and makes such suggestions as it may deem proper. Two 
evils are liable to arise in all public and private institutions : 

i. Officials are in danger of exercising too arbitrary 
power, and of neglecting and abusing those intrusted 
to their care. 

2. When institutions are left to themselves, they are in 
danger either of running in familiar ruts or of degen- 
erating. 

Frequent visitation and inspection have a tendency to 



Il8 CIVIL GOVERNMENT. 

prevent these evils. Abuse of power is thus brought to the 
knowledge of the public, a greater regard is paid to the 
welfare of the inmates, and improved methods are suggested 
and carried out. 

The Board consists of four members appointed by the Governor, with 
the advice and consent of the Senate, for eight years, one being appointed 
every two years. They are paid their traveling and other necessary 
expenses. The Governor is a member of the Board by virtue of his office. 

County Agents of the State Board. — In many of the 
counties of the State, an agent of the Board of Corrections 
and Charities is appointed by the Governor. The duties of 
this officer are exceedingly important. He is required, — 
i. To look after the interests of juvenile offenders in his 
county. When an offense, not punishable with im- 
prisonment for life, has been committed by any boy 
or girl, it is the duty ot the county agent to examine 
into all the facts and circumstances, and advise with 
the magistrate who has jurisdiction of the case, as to 
how the public interest and the interest of the child 
can be best subserved. 

2. To visit, as often as once a year, all children in his 
county who have been placed in charge of others by 
any State Board or officer of the State, and see whether 
they are properly treated and cared for. 

3. To watch over and care for deserted and neglected 
children, and to assist in finding homes for them. He 
represents the watchful care of the State over the home 
less and dependent children. 

County agents, in addition to their expenses, receives three dollars for 
each child that has been properly attended to. The compensation in any 
one year can not exceed one hundred dollars, except in the county of 
Wayne, where it is limited to two hundred dollars. 



STATE INSTITUTIONS, U9 

STATE INSTITUTIONS. 

Charitable. 

a. State Public School, 

Coldwater. 

b. Institution for Educating the Deaf and Dumb, 

Flint. 

c. School for the Blind, 

Lansing. 

d. Asylums for the Insane, 

Kalamazoo, Pontiac, and Traverse City. 
Reformatory. 

a. State Preform School, 

Lansing. 

b. Industrial Home for Girls, 

Adrian. 

Penal. 

a. State House of Correction, 

Ionia. 

b. Detroit House of Correction, 

Detroit. 

c. State Prison, 

Jackson. 



L20 CIVIL GOVERNMENT. 



CHAPTER XL 



THE MILITIA. 

Military Forces. — It is the custom among foreign nations 
to support, at great expense, large armies in time of peace, 
in order to maintain the authority of the government, and to 
defend the State in case of war. The necessity of supporting 
a large army is not as great in our own country as it is among 
foreign nations, and it is not in keeping with the spirit of 
American institutions. There is a deep seated prejudice 
against maintaining a large military force in time of peace, 
for the reason that standing armies have been the instruments 
of despotisms in the past, they necessitate the expenditure of 
large sums of money for their support, thus diminishing the 
industrial resources of the country, and they endanger the 
liberties of the people. The national government maintains 
a small military force to protect its frontiers and to garrison its 
forts, but the States are forbidden by the Constitution of the 
United States to keep standing armies. 

The Militia. — That the State may at all times be able to 
enforce its laws and to protect its institutions, a State militia 
is established. The militia is a body of citizens enrolled or 
trained for military duty. They are liable at any time to be 
called out to aid the civil authorities in the enforcement of 
the laws, or to defend the State in case of war with a foreign 
power. The militia is of two kinds, — 

1. Enrolled, 

2. Active. 



THE MILITIA. 121 



Enrolled Militia. — All able-bodied male citizens be. 
tween the ages of eighteen and forty- five years, with a few 
exceptions, are subject to military duty, and constitute what 
is called the enrolled militia. They are not subject to active 
military duty, except in case of war, rebellion, invasion, the 
suppression of riots, and to aid the civil authorities in the 
execution of the laws. The Governor may order out for actual 
service, either by voluntary enlistment or by draft, as many 
of the enrolled militia as the public necessity may demand. 
The Supervisor of each township and ward is required to annually 
send to the County Clerk a list of all persons liable to do military duty. 
These lists are filed in the office of the County* Clerk, and the number of 
persons enrolled in each county is sent to the Adjutant General. 

Persons Exe?npt from Military Duty. — The following per- 
sons are exempt from military duty : — 

i. Ministers of the gospel, and teachers in public institu- 
tions and in the public schools ; 

2. Judges of the various courts; 

3. Members and officers of the Legislature; 

4. All State and county officers, except notaries public; 

5. Officers and guards of the State Prison; 

6. All commissioned officers of the militia who have 
served as such for the term of six years. 

Paupers, idiots, lunatics, vagrants, and convicted criminals are not 
enrolled. 

Active Militia. — The active militia is composed of volun- 
teers between the ages of eighteen and forty-five years, 
trained to military duty, and known as the State troops. In 
case of war, rebellion, invasion, the suppression of riots, and 
to aid the civil authorities in the execution of the laws of the 
State, the active militia is first ordered into service. The 
9 



122 CIVIL GOVERNMENT. 



State troops are divided into regiments, each regiment con- 
sisting of a certain number of companies. 

1. There are at present three regiments. 

2. Before any person is mustered into the service of the State, he is 

required to take the following oath : — I, , do solemnly swear (or 

affirm) that- 1 will bear true allegiance to the United States of America, 
and to the State of Michigan ; that I will serve them honestly and faith- 
fully against all their enemies and opposers whatever; and that I will 
observe and obey the orders of the President of the United States, the 
Governor of this State, and the orders of the officers appointed over me, 
according to the rules and articles for the government of the armies of the 
United States and of this State. 

Military Companies. — Military companies are formed in 
different parts of the State. They come together at specified 
times to drill in their armories, and they are annually required 
to meet with their respective regiments, at places designated 
by the Governor, for military instruction and camp duty. In 
case of riot or violent resistance to the execution of the 
laws by the proper officers, it is the duty of the militia to 
promptly aid the civil authorities in the preservation of peace 
and order, and in the enforcement of the laws. It should 
always be remembered that the military power is subordinate 
to the civil, and it can be lawfully used by the civil authori- 
ties in times of urgent necessity. 

The term of enlistment in this State is three years. Persons having 
enlisted may at any time obtain a discharge for good and sufficient reasons. 

Equipments. — Each company is furnished with arms, uni- 
forms, and all necessary equipments, at the expense of the 
State. All articles thus furnished remain the property of the 
State, and when a company is disbanded, the commissioned 
officers are responsible for their safe return to the Quarter- 
master General. A suitable armory is also provided for each 
company at the expense of the State. 



THE MILITIA. 1 23 



1. Commissioned officers provide themselves with uniforms. 

2. Captains receive fifty dollars a year for the care and safe keeping 
•of the arms furnished to their companies by the State. 

3. When the State troops are employed in actual service, suppressing 
riots, etc., each private receives one dollar and twenty- five cents per day 
and rations; non-commissioned officers and musicians, one dollar and 
twenty-five cents per day; commissioned officers, the same pay that officers 
of the same rank in the United States army receive. 

4. For the time spent in the annual encampment, and in traveling 
from and returning to their homes, each member of the several com- 
panies receives one dollar and twenty-five cents per day, seventy-five cents 
per day for subsistence, and the necessary transportation. 

Principal Officers. — The principal officers of the State 
militia are, — 

1. Commander-in-Chief, 

2. Adjutant General, 

3. Inspector General, 

4. Quartermaster General. 

There are also regimental officers, officers of companies, 
and a State Military Board. 

The Adjutant General, Inspector General, and Quartermaster General 
(rank as Brigadier Generals, and ar appointed for two years. They each 
receive one thousand dollars a year. 

Commander-in-Chief. — In order that the Governor may at 
all times be able to enforce the laws and preserve the peace, 
he is by virtue of his office Commander-in-Chief of all the 
military forces of the State, and they are at any time subject 
to his orders. 

The Staff of the Commander-in-Chief consists of four Aids, who rank 
as Colonels ; one Judge Advocate, who has general supervision of every- 
thing relating to the administration of justice among the military forces of 
the State ; and a Military Secretary. Both of the last named officers rank 
-as Majors. 



124 CIVIL GOVERNMENT. 



Adjutant General. — Next to the Commander-in-Chief, the 
Adjutant General is the highest military officer in the State. 
It is through him that the Governor issues his orders to the 
troops, and it is through him that all recommendations and 
reports from military officers are presented to the Commander- 
in-Chief. Among other duties, he is required to keep a 
record of the number of enrolled and active militia in the 
State. 

Inspector General. — The Inspector Getieral has the gener- 
al care and supervision of the instruction and discipline of 
all the State troops. He musters new companies into service, 
inspects the condition of armories and military property, and 
tests the proficiency of each company in the' manual of arms. 
Quartermaster General. — The Quartermaster General has 
charge of arsenals, munitions of war, and all military property 
of the State. He furnishes military companies with arms and 
other equipments, and the use of suitable armories. In a 
word, he has the care of everything pertaining to the safe 
keeping and proper distribution of military property. 

He is required to give bonds to the sum of fifty thousand dollars tha* 
he will faithfully perform the duties of his office. 

State Military Board. — The State Military Board consists 
of the Inspector General and two other members appointed 
by the Governor. They hold office for two years. This 
Board is an advisory body to the Commander-in-Chief on all 
matters relating to the interests of the State militia. They 
examine all military claims and accounts against the State, 
and order the payment of those that are just, and they may 
prepare and adopt such rules and regulations for the govern- 
ment of the State troops as do not conflict with the laws of 
the United States or of this State. 



THE MILITIA. 1 25 



1. The same system of instruction is followed in the military drills of 
the militia that is adopted by the United States army. 

2. The two members of the Board appointed by the Governor receive 
three dollars a day, while attending the meetings of the Board, and five 
cents a mile in going to and returning from the place of meeting. 

Court Martial. — All offenses against the rules and regula- 
tions established for the government of the State troops, are 
tried by a court martial consisting of commissioned officers. 
The jurisdiction of this court is confined to military offenses 
committed by persons enlisted in the active militia. 

The Judge Advocate examines, and reports to the Governor, the pro- 
ceedings of all courts martial. 

Remark. — Although the military forces of the State are 
subject to the orders of the Governor, yet all money for their 
support must come from the Legislature. The Legislature acts 
as a check upon any unlawful use of the militia by the chief 
executive, and by refusing to make the necessary appropriations 
for its maintenance, it may at any time put a stop to an 
improper or tyrannical use of the military power. The num- 
ber of companies established throughout the State is also 
limited by law. 



126 CIVIL GOVERNMENT. 



MILITARY OFFICERS. 
Commander-in-Chief. 

STAFF OFFICERS, 

1. Four Aids, 

2. Judge Advocate, 

3. Military Secretary. 

GENERAL OFFICERS. 

1. Adjutant General, 

2. Inspector General, 

3. Quartermaster General. 

Staff officers and general officers are appointed by the Governor. 
REGIMENTAL OFFICERS. 



I. 


Colonel, 


2. 


Lieutenant Colonel, 


3- 


Major, 


4. 


Surgeon, 


5- 


Assistant Surgeon, 


6. 


Adjutant, 


7* 


Quartermaster. 



Regimental officers are elected by the commissioned officers of te 
regiment, and they receive their commissions from the Commanders- 
Chief. 



THE MILITIA. 12J 



COMPANY OFFICERS. 

Commissioned. 

1. Captain, 

2. First Lieutenant, 

3. Second Lieutenant. 

Non- Commissioned. 

1. Five Sergeants, 

2. Ei£ht Corporals. 

1. Sergeant Major, a Quartermaster Sergeant, and a Color Sergeant 
are appointed by the Colonel from among the best instructed Sergeants of 
the companies. 

2. The commissioned officers are elected by the companies, and 
receive their commissions from the Commander-in-Chief. The non-com- 
missioned officers are either appointed by the Captain or elected by the 
company, and they receive warrants from the commanding officer of the 
regiment. In some companies, officers are elected for one year, in others 
for two. 

STATE MILITARY BOARD. 

z. Inspector General, 

2. Two members appointed by the Governor. 



POLITICAL MACHINERY. 



POLITICAL MACHINERY. 131 



OHAPTEE XII. 



POLITICAL MACHINERY. 

Parties. — On all public questions, there will be great dif- 
ferences of opinion, and parties will always be formed on all 
great questions of public policy. In a republican government 
like our own, the only way in which public measures can be 
successfully carried out, is to select persons as officers who are 
in sympathy with, and will promote the policy of, the party 
they represent. Political parties are a necessity, and the nom- 
ination of officers to represent these parties is necessarily 
associated with all free governments. 

Nominatiofi of Officers. — Officers are nominated at caucuses 
and conventions held for that purpose. These are, — 

1. Primary meetings or caucuses, 

2. City conventions, 

3. County conventions, 

4. District conventions, 

5. State conventions. 

The primary meeting, or, as it is sometimes called, the 
caucus, is held for the purpose of nominating township and 
ward officers, and for selecting persons to attend city, county, 
and district conventions, when the district forms but a part of 
a county. The city convention nominates city officers ; the 
county convention, county officers, and selects delegates to 
State conventions and to district conventions, when the dis- 



I32 CIVIL GOVERNMENT. 



tricts embrace more than one county, as judicial and congres- 
sional districts ; district conventions nominate district officers, 
as representatives, senators, judges, members of Congress ; 
State conventions, State officers. 

Caucuses. — A caucus is a general meeting of the voters 
of a political party for the purpose of selecting candidates 
for public offices, or electing delegates to attend conventions, 
or for the purpose of adopting measures to promote party 
interests. Any number of persons representing a political 
party may meet together at any time to adopt plans for party 
management, or to devise means for promoting party interests, 
or to advance the interests of candidates for any office. 

Any legal voter who is in sympathy with the party holding the caucus, 
may attend the meeting, and take part in the proceedings. 

The Importance of Caucuses. — Caucuses shape the policy 
of political parties, and it is of the utmost importance that 
all qualified voters should attend their party caucuses. One 
of the most discouraging features of our political institutions 
is the lack of interest displayed by many in the primary meet- 
ings of the party to which they belong, so that it often hap- 
pens that, by intrigue and adroit combination, unworthy and 
incompetent men are selected as candidates for important 
offices. The policy of a party is necesssarily shaped by its 
caucuses, and when these are controlled by unscrupulous men, 
the party will become corrupt, and will bring disgrace upon 
the government and calamity to the State, if it succeeds in 
obtaining control of affairs. It is therefore the imperative 
duty of every good citizen to attend primary meetings, ar*d 
see to it that competent men are selected for public offices. 
As the caucuses are, so the government will be. 

State Convention. — Some time previous to the meeting of 



POLITICAL MACHINERY. 1 33 



a State convention to nominate State officers, caucuses are 
held in the townships and wards for the purpose of selecting 
delegates to county conventions. The county conventions 
select persons to attend the State convention. 

Time of Meeting. — The time and place for holding a State 
convention is designated by what is called the State Central 
Committee. A State Central Committee is appointed at each 
State convention for this purpose, 

Meeting of the Convention. — On the day named for the 
meeting of the convention, the delegates assemble at the 
appointed time and place, and are called to order by the 
chairman of the State Central Committee, who nominates 
some person, previously agreed upon by the committee, as 
temporary chairman of the convention. 

1. After calling the convention to order, and before nominating a 
temporary chairman, the chairman of the State Central Committee some- 
times makes a few remarks to the convention. 

2. The hall in which the convention is held is usually divided into 
county and congressional districts, so that the various delegations may be 
seated conveniently together. The hall is mapped out by the Central 
Committee. 

Temporary Chairman. — A temporary chairman is one 
appointed to preside, until it has been properly ascertained 
who are' entitled to seats in the convention, and until perma- 
nent officers are selected. The office of chairman of a polit- 
ical convention is considered so important, and candidates 
for important offices are so desirous of securing a chairman 
who is favorable to their interests, that a temporary organiza- 
tion is at first necessary. In this way, a permanent presiding 
officer will be more likely to be afterwards chosen, who will 
be acceptable to a majority of the delegates. It is the custom 



134 CIVIL GOVERNMENT. 



for the temporary chairman to make a short address to the 
convention. 

Temporary Secretary. — After the appointment of a tempo- 
rary chairman, and the usual address which follows, a tempo- 
rary secretary is elected. This officer performs the usual 
duties of a secretary. 

Committees. — When a temporary organization is thus 
effected, the next business in order is the appointment of, — 

i. A Committee on Credentials; 

2. A Committee on Permanent Organization and Order 
of Business; 

3. A Committee on Resolutions. 

One delegate from each congressional district is appointed 
on each committee. Each delegation meets before the assem- 
bling of the convention, selects a chairman and secretary, 
and decides what persons shall serve on the committees. 

Committee on Credentials. — The duty of this committee is 
to ascertain the names of those who are entitled to seats in 
the convention, and prepare a list of those having proper 
credentials. They also report doubtful cases, with recommen- 
dations, to the convention. Only those can take part in the 
deliberations of the convention, whose right to act as dele- 
gates is undisputed. 

Committee on Permanent Organization and Order of Busi- 
ness. — It is the duty of this committee to select a permanent 
presiding officer, a number of vice-presidents and secretaries, 
and to determine the order in which the business of the con- 
vention shall be transacted. The selection of a number of 
vice-presidents and secretaries is designed as a compliment to 
active and prominent members of the party. 



POLITICAL MACHINERY. 1 35 



The vice-presidents and secretaries are always invited to take seats on 
the platform. 

Committee on Resolutions. — This committee is the most 
important of the three, from the fact that it has to set forth 
the principles of the party in a series of resolutions called the 
platform. On the general tenor of these resolutions depends, 
in a great measure, the success of a party in a political cam- 
paign. Opposing factions have to be conciliated, and it is a 
difficult and delicate task to prepare a series of resolutions 
that will be acceptable to all the delegates or to the party at 
large. The key-notes of political campaigns are the platforms 
of opposing parties. 

Adjournme?it. — After the selection of these three commit- 
tees, it is the custom of the convention to adjourn till after- 
noon, so as to give the necessary time to the committees to 
perform the various duties assigned to them. 

Reports of Conwiittees. — When the convention assembles 
again, the first thing in order is the report of the Committee 
on Credentials. The list of delegates is read by the chairman 
of the committee, together with such recommendations as the 
committee desire to make. After which the Committee on 
Permanent Organization and Order of Business report through 
their chairman. 

Pennanent Officers. — If the report of the Committee on 
Permanent Organization is adopted, the person selected as 
permanent president takes the place of the temporary chair- 
man, thanks the convention for the honor conferred upon him, 
and makes an address on the political issues of the day. The 
vice-presidents and secretaries are then invited to take seats 
on the platform. 

Other Business. — When the convention is permanently 



I36 CIVIL GOVERNMENT. 



organized, that is, after it has been determined who are the 
regular delegates, and permanent officers are elected, three 
important steps have to be taken, — 

1. The nomination of State officers ; 

2. The adoption of a platform ; 

3. The appointment of a State Central Committee. 
Nomination of State Officers. — The nomination of officers 

is made in the order designated by the Committee on Perma- 
nent Organization and Order of Business. Officers are nom- 
inated either by ballot or by acclamation. It is considered a 
marked compliment to a candidate for a public office to be 
nominated by acclamation. 

The Adoption of a Platform. — Although it might seem to 
be more appropriate for the Committee on Resolutions to 
report at the same time that the other committees present their 
reports, it is the usual custom to defer the reading of the 
resolutions till after the nomination of State officers. One 
reason of this is that it usually requires more time for this 
committee to prepare its report than it does for the others. 
The resolutions are read by the chairman of the committee, 
and either adopted as a whole or each resolution is acted on 
separately. Sometimes there is considerable opposition to 
some features of the platform, and vigorous speeches for and 
against are made by various delegates. The resolutions are 
sometimes amended, before they are adopted by the conven- 
tion. 

Appointment of a State Central Committee. — Before the 
convention adjourns, a State Central Committee is appointed, 
each congressional district selecting two members. The com- 
mittee afterwards select one of their own number chairman, 
and appoint a secretary. The State Central Committee exer- 



POLITICAL MACHINERY.. 1 37 

cises a general control over the party machinery of the State, 
engages speakers during the campaign, provides means to 
defray expenses, and endeavors to secure the election of those 
nominated at the State convention. They also designate the 
time and place for holding the next State convention. 

In addition to the State Central Committee, there are also committees 
in each county, district, city, and ward to secure the election of local offi- 
cers. 

Campaign. — After the nomination of officers by each party, 
what is called the campaign follows. Politicians address polit- 
ical gatherings on the issues of the day, the record of public 
men is reviewed, the achievements of one party are glorified 
and the failures of the opposing party are paraded, newspa- 
pers criticize men and measures, the platforms of parties are 
praised or denounced, and voters are solicited by candidates 
for their votes. The campaign is under the direction of the 
various committees appointed for that purpose. 



10 



I38 CIVIL GOVERNMENT. 



CAUCUSES AND CONVENTIONS. 



I. Caucus. 
II 



III. 



IV. 

V. 

VI. 



I. 


Caucus, 


2. 


City Convention. 


I. 


Caucus, 


2. 


District Convention, when the district is less 




than a county. 


I. 


Caucus, 


2. 


County Convention, 


3- 


District Convention, when the district embraces 




two or more counties. 


I. 


Caucus, 


2. 


County Convention. 


I. 


Caucus, 


2. 


County Convention, 


3- 


State Convention. 



STATE CONVENTION. 
I. Morning. 

1. Called to Order by the Chairman of the State 

Central Committee. 

2. Election of a Temporary Chairman. 

3. Remarks of the Temporary Chairman. 

4. Election of a Temporary Secretary. 

5. Appointment of Committees. 
a. Committee on Credentials. 



POLITICAL MACHINERY. 1 39 

b. Committee on Permanent Organization 

and 
Order of Business. 

c. Committee on Resolutions. 
6. Adjournment. 

II. Afternoon. 

i. Called to Order. 

2. Reports of Committees. 

a. Committee on Credentials, 

b. Committee on Permanent Organization 

and 
Order of Business. 

3. Address of Permanent Chairman. 

4. Vice-Presidents and Secretaries invited to take 

seats on the Platform. 

5. Nominations of State Officers. 

6. Report of Committee on Resolutions. 

7. Appointment of a State Central Committee. 
S. Adjournment sine die. 

Campaign. 



THE GOVERNMENT OF THE UNITED STATES. 



THE GOVERNMENT OF THE UNITED STATES. 143 



CHAPTER XIII. 



THE GOVERNMENT OF THE UNITED STATES. 

United States Constitution. — Not only has each State a 
Constitution which determines the limits within which the 
functions of the State government are exercised, but also the 
United States have adopted a Constitution which is the 
fundamental law of the whole land, and which takes the pre- 
cedence of all State Constitutions. After the Revolutionary 
War, representatives from each State met in general conven- 
tion, and framed a Constitution which was afterwards adopted 
by all the States. No State Constitution, or acts of Congress 
or of State Legislatures, must conflict with its requirements, 
and all executive, legislative, and judicial officers of the State 
are required to take an oath to support not only the State 
Constitution, but also the Constitution of the United States. 
All amendments must be ratified by three-fourths of all the States, 
before they can become a part of the Constitution. 

Departments of Government. — The Government of the 
United States, like the State government, is divided into 
three departments : — 

1. The executive, 

2. The legislative, 

3. The judicial. 

The Executive Department. — The executive power is 
vested in the President alone. It is his duty to see to it that 
all the laws of the United States are faithfully executed and 



144 CIVIL GOVERNMENT. 



enforced. To this end he is Commander-in-Chief of the 
army and navy. He is aided in the performance of his 
duties, — 

i. By his Cabinet; 

2. By subordinate executive officers appointed by him- 
self, with the advice and consent of the Senate. 

The President is Commander-in-Chief of the militia of the several 
States, when called into the actual service of the United States. 

The Cabinet. — The President's Cabinet consists of seven 
members appointed by himself, with the consent of the Sen- 
ate. The members of the Cabinet are the confidential advisers 
of the President, and each of them is placed at the head of 
some branch of the executive department. They are the, — 

i. Secretary of State, 



Secretary of the Treasury, 
Secretary of War, 
Secretary of the Navy, 
Secretary of the Interior, 
Postmaster General, 
Attorney General. 



Secretary of State. — The Secretary of State is considered 
to be the most important Cabinet officer. In rank he stands 
next to the President. His duties are not only similar to the 
duties of the Secretary of State of our State government, but 
he also has charge of all business arising between the govern- 
ment of the United States and that of foreign countries. 

Secretary of the Treasury. — The Secretary of the Treasury 
superintends the financial affairs of the country, the collection 
of the revenues for the support of the government, and has 
the care of all money paid into the United States treasury. 



THE GOVERNMENT OF THE UNITED STATES. 1 45 

He also has the general supervision of the coinage of money, 
light-houses, and custom-houses. 

Secretary of War. — The Secretary of War has the general 
oversight of the army, the Military Academy at West Point, 
arsenals, military stores, and all matters relating to military 
affairs. 

Secretary of the Navy. — The Secretary of the Navy has 
the general oversight of the navy, the Naval Academy at 
Annapolis, navy yards and stores, and all matters relating to 
naval affairs. 

Secretary of the Interior. — The Secretary of the Interior 
has the general charge of public lands and buildings, Indian 
affairs, patents, pensions, the taking of the census, and the 
distribution of information relating to education. 

Postmaster General. — The Postmaster General has the 
general supervision of everything relating to the carrying of 
the mails, and the establishment of post-offices and postal 
communications. 

Attorney General. — The Attorney General attends to all 
suits, in the Supreme Court, in which the United States is 
interested, and he is required to give his opinion upon 
questions of law submitted to him by the President or the 
members of the Cabinet. 

Election of President and Vice-President. — Instead of 
voting directly for President and Vice-President, electors, 
previously nominated at a State convention, are chosen, who 
meet at the capital of the State at a time designated by 
law, and cast their votes for the candidates nominated by the 
party they represent. These votes are sent to Washington, 
and, together with the votes of electors from other States, 
are counted in the presence of both Houses of Congress, and 



I46 CIVIL GOVERNMENT. 

the result declared by the President of the Senate. Each 
State is entitled to as many presidential electors as it has 
Senators and Representatives. If no person receives a 
majority of all the electoral votes, the House of Representa- 
tives chooses the President; and the Senate, the Vice- 
President. The President and Vice-President are elected 
for four years. 

1 This State is entitled to thirteen electors. 

2 No Senator or Representative or person holding an office of trust 
or profit under the United States can be an elector. 

3 Only a native born citizen is eligible to the office of President or 
Vice-President. 

Legislative Department. — The legislative power is vested 
in — 

1. The Senate, 

2. The House of Representatives. 

The powers of each House are defined by the Constitu- 
tion. They are somewhat similiar to those exercised by the 
two Houses of our State Legislature, with the exception 
that all revenue bills must originate in the House of Repre- 
sentatives. The presiding officer of the Senate is the Vice- 
President. In the House, a presiding officer is elected 
called the Speaker. 

Election of Senators. — Two Senators are chosen in each 
State by the Legislature for six years. Their term of office 
is so arranged as not to expire at the same time. 

Election of Representatives. — Each State is divided into 
congressional districts, according to the number of inhabi- 
tants. In this State there are eleven districts, in each of 
which a Representative is elected, at the same time that 
State officers are chosen, for a term of two years 



THE GOVERNMENT OF THE UNITED STATES. 147 

Judicial Department. — The judicial department is vested 
in, — 

1. A Supreme Court, 

2. Circuit Courts, 

3. District Courts, 

4. A Court of Claims. 

The judges of these courts are appointed by the Presi 
dent, with the advice and consent of the Senate, and they 
hold office during good behavior. 

The Supreme Court. — The Supreme Court is the highest 
judicial court in the United States. It interprets the Consti- 
tution and laws of the United States, and decides questions 
as to the constitutionality of any legislative enactment. 
Although it has original jurisdiction in a few cases, its prin- 
cipal business is to decide questions appealed to it by infe- 
rior courts. 

1. The Supreme Court has original jurisdiction in cases affecting 
ambassadors, other public ministers and consuls, and in all cases in which 
a State is a party. 

2. The officers of the court are the Judges, the Attorney General, and 
a clerk, crier, and reporter appointed by the court. The Marshal of the 
District of Columbia attends its sessions. 

Circuit Courts. — The United States are divided into nine 
judicial circuits, in each of which a Circuit Judge is appointed. 
These courts have original jurisdiction in very grave 
offenses against the laws of the United States, and appellate 
jurisdiction in cases tried in District Courts. Each circuit 
comprises several States. 

1. Suits between citizens of different States and between aliens and 
citizen-, when the amount in dispute exceeds five hundred dollars, and all 



I48 CIVIL GOVERNMENT. 

•crimes against the laws of the United States punishable by death or heavy 
penalties, are tried in these courts. 

2. Michigan is in the sixth judicial circuit. The circuit comprises 
Michigan, Ohio, Kentucky, and Tennessee. 

3. One of the Judges of the Supreme Court is assigned to each circuit. 
The presiding judge of a Circuit Court may be the Judge of the Supreme 
Court, or the Circuit Judge, or both may sit together. The Judge of the 
district in which the Circuit Court is held, sometimes sits with the Circuit 
Judge. 

4. The officers of the court are the Circuit Judge, the Attorney and 
Marshal of the district in which the court is held, and a clerk appointed 
by the court. 

District Courts. — At least one District Court is estab- 
lished in each State. In Michigan there are two. These 
courts have original jurisdiction in minor offenses against the 
laws of the United States. In each district, a District 
Judge is appointed by the President, with the advice and 
consent of the Senate. 

1. Minor offenses committed on the sea or on navigable rivers and 
lakes, and all offenses against the laws of the United States, not punishable 
by severe penalties, are tried in these courts. 

2. The District Courts in Michigan are designated as the Eastern and 
Western. The terms of the Eastern are held in Detroit; of the Western, 
in Grand Rapids. 

3. The officers of the court are the District Judge, Attorney, Marshal, 
appointed by the President and Senate, and a clerk appointed by the 
court. 

Court of Claims. — In addition to the courts already 
mentioned, a Court of Claims is established, consisting of five 
judges. It is the duty of this court to settle all claims 
against the government of the United States. The sessions 
of this court are held in Washington. 



THE GOVERNMENT OF THE UNITED STATES. 



149 



UNITED STATES GOVERNMENT. 

The Chief Executive. — President. 

Presiding Officer of the Senate. — Vice-President. 



Cabinet. 



Secretary of State, 
Secretary of the Treasury, 
Secretary of War, 
Secretary of the Navy, 
Secretary of the Interior, 
Postmaster General, 
Attorney General. 



Congress. 



Senate, 

House of Representatives. 



Courts. 



Supreme Court, 
Circuit Courts, 
District Courts, 
Court of Claims. 



SALARIES OF UNITED STATES OFFICERS. 



President, 
Vice-President, 
Members of the Cabinet, 
Speaker, 
Senators, 



#50,000. 
8,000. 
8,000. 
8,000. 
5,000. 



150 



CIVIL GOVERNMENT. 



Representatives, ------ 5,000. 

Chief Justice of the Supreme Court, - - - 10,500. 

Associate Judges of the Supreme Court, - - 10,000. 

Circuit Judges, ------- 6,000. 

District Judges, ------ 3,000. 

Ministers to France, Great Britain, Germany, Russia, 17,500. 
Ministers to Austria, Spain, Italy, Japan, Mexico, 

Brazil, China, - 12,000. 

Ministers to Chili, Peru, - 10,000. 
Other Ministers to foreign countries, 7;5oo, 5,000, 4,000. 



CONSTITUTION OF THE STATE. 



CONSTITUTION OF THE STATE, I53 



CONSTITUTION OF THE STATE OF MICHIGAN. 



The People of the State of Michigan do Ordain this 
Constitution. 



ARTICLE I. 

boundaries. 

The State of Michigan consists of and has jurisdiction over 
the territory embraced within the following boundaries, to wit : 
Commencing at a point on the eastern boundary line of the 
State of Indiana, where a direct line drawn from the southern 
extremity of Lake Michigan to the most northerly cape of the 
Maumee Bay, shall intersect the same — said point being the 
north-west corner of the State of Ohio, as established by act 
of Congress entitled "An act to establish the northern 
boundary line of the State of Ohio, and to provide for the 
admission of the State of Michigan into the Union upon the 
conditions therein expressed," approved June fifteenth, ont j 
thousand eight hundred and thirty-six ; thence with the said 
boundary line of the State of Ohio, till it intersects the 
boundary line between the United States and Canada, in Lake 
Erie ; thence with said boundary line between the United 
States and Canada, through the Detroit River, Lake Huron, 
and Lake Superior, to a point where the said line last 
touches Lake Superior ; thence in a direct line through Lake 
11 



*54 



CIVIL GOVERNMENT. 



Superior, to the mouth of the Montreal River ; thence through 
the middle of the main channel of the said river Montreal, to 
the head waters thereof; thence in a direct line to the centre 
of the channel between Middle and South Islands, in the 
Lake of the Desert; thence in a direct line to the southern 
shore of Lake Brule ; thence along said southern shore and 
down the river Brule, to the main channel of the Meno- 
minee river ; thence down the centre of the main channel of 
the same to the centre of the most usual ship channel of 
the Green Bay of Lake Michigan ; thence through the 
centre of the most usual ship channel of the said bay to the 
middle of Lake Michigan ; thence through the middle ot 
Lake Michigan, to the northern boundary of the State ot 
Indiana, as that line was established by the act of Congress 
of the nineteenth of April, eighteen hundred and sixteen ; 
thence due east with the north boundary line of the said State 
of Indiana, to the northeast corner thereof; and thence 
south with the eastern boundary line of Indiana, to the place 
of beginning. 

ARTICLE II. 

SEAT OF GOVERNMENT. 

Sec. i. The seat of government shall be at Lansing, 
where it is now established. 

ARTICLE III. 

DIVISION OF THE POWERS OF GOVERNMENT. 

Sec. i. The powers of government are divided into three 
departments : Legislative, Executive, and Judicial. 



CONSTITUTION OF THE STATE. 155 

Sec. 2. No person belonging to one department shall 
exercise the powers properly belonging to another, except in 
the cases expressly provided in this Constitution. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Sec. i. The Legislative power is vested in a Senate and 
House of Representatives . 

Sec. 2. The Senate shall consist of thirty-two members. 
Senators shall be elected for two years, and by single dis- 
tricts. Such districts shall be numbered from one to thirty- 
two, inclusive; each of which shall choose one Senator. No 
county shall be divided in the formation of Senate districts, 
except such county shall be equitably entitled to two or more 
Senators. 

*Sec. 3. The House of Representatives shall consist of not 
less than sixty-four, nor more than one hundred members. 
Representatives shall be chosen for two years, and by single 
districts. Each representative district shall contain, as nearly 
as may be, an equal number of inhabitants, exclusive of per- 
sons of Indian descent who are not civilized, or are members 
of any tribe, and shall consist of convenient and contiguous 
territory; but no township or city shall be divided in the 
formation of a representative district. When any township 
or city shall contain a population which entitles it to more 
than one Representative, then such township or city shall 
elect, by general ticket, the number of Representatives to 
which it is entitled. Each county hereafter organized, with 

* Amendment adopted by the Legislature of 1869, approved by the people at the 
general election of 1570. g 



I56 CIVIL GOVERNMENT. 



such territory as may be attached thereto, shall be entitled to 
a separate Representative, when it has attained a population 
equal to a moiety of the ratio of representation. In every 
county entitled to more than one Representative, the Board of 
Supervisors shall assemble at such time and place as the Leg- 
islature shall prescribe, and divide the same into representa- 
tive districts, equal to the number of Representatives to which 
such county is entitled by law, and shall cause to be filed in 
the offices of the Secretary of State and clerk of such county, 
a description of such representative districts, specifying the 
number of each district, and population thereof, according to 
the last preceding enumeration. 

Sec. 4. The Legislature shall provide by law for an 
enumeration of the inhabitants in the year eighteen hundred 
and fifty-four, and every ten years thereafter ; and at the first 
session after each enumeration so made, and also at the first 
session after each enumeration by the authority of the United 
States, the Legislature shall re-arrange the Senate districts, 
and apportion anew the Representatives, among the counties 
and districts, according to the number of inhabitants, exclu- 
sive of persons of Indian descent, who are not civilized, or 
are members of any tribe. Each apportionment, and the 
division into representative districts by any Board of Super- 
visors, shall remain unaltered until the return of another 
enumeration. 

Sec. 5. Senators and Representatives shall be citizens of 
the United States, and qualified electors in the respective 
counties and districts which they represent. A removal from 
their respective counties or districts shall be deemed a vaca- 
tion of their office. 

Sec. 6. No person holding any office under the United 



CONSTITUTION OF THE STATE. 1 57 

States [or this State], or any county office except Notaries 
Public, officers of the militia, and officers elected by town- 
ships, shall be eligible to, or have a seat in either House of 
the Legislature; and all votes given for any such person shall 
be void. 

Sec. 7. Senators and Representatives shall, in all cases, 
except treason, felony, or breach of the peace, be privileged 
from arrest. They shall not be subject to any civil pro- 
cess during the session of the Legislature, or for fifteen days 
next before the commencement and after the termination of 
each session ; they shall not be questioned in any other place 
for any speech in either House. 

Sec. 8. A majority of each House shall constitute a 
quorum to do business ; but a smaller number may adjourn 
from day to day, and compel the attendance of absent mem- 
bers, in such manner and under such penalties as each House 
may prescribe. 

Sec. 9. Each House shall choose its own officers, deter- 
mine the rules of its proceedings, and judge of the qualifica- 
tions, elections, and returns of its members, and may, with the 
concurrence of two-thirds of all the members elected, expel 
a member. No member shall be expelled a second time for 
same cause, nor for any cause known to his constituents ante- 
cedent to his election ; the reason for such expulsion shall be 
entered upon the journal, with the names of the members 
voting on the question. 

Sec. 10. Each House shall keep a journal of its proceed- 
ings and publish the same, except such parts as may require 
secrecy. The yeas and nays of the members of either House, 
on any question, shall be entered on the journal at the request 
of one-fifth of the members elected. Any member of either 



158 CIVIL GOVERNMENT. 

House may dissent from and protest against any act, pro- 
ceeding, or resolution which he may deem injurious to any 
person or the public, and have the reason of his dissent 
entered on the journal. 

Sec. 11. In all elections by either House, or in joint 
convention, the votes shall be given viva voce. All votes 
on nominations to the Senate shall be taken by yeas and 
nays, and published with the journal of its proceedings. 

Sec 12. The doors of each House shall be open, unless 
the public welfare require secrecy. Neither House shall, 
without consent of the other, adjourn for more than three 
days, nor to any other place than where the Legislature 
may then be in session. 

Sec. 13. Bills may originate in either House of the 
Legislature. 

Sec. 14. Every bill and concurrent resolution, except of 
adjournment, passed by the Legislature, shall be presented to 
the Governor before it becomes a law. If he approve, he 
shall sign it ; but if not, he shall return it, with his objections, 
to the House in which it originated, which shall enter the 
objections at large upon their journal, and reconsider it. On 
such reconsideration, if two-thirds of the members elected 
agree to pass the bill, it shall be sent, with the objections, to 
the other House, by which it shall be reconsidered. If 
approved by two-thirds of the members elected to that House, 
it shall become a law. In such case the vote of both Houses 
shall be determined by yeas and nays ; and the names of the 
members voting for and against the bill shall be entered on 
the journals of each House respectively. If any bill be not 
returned by the Governor within ten days, Sundays excepted, 
after it has been presented to him, the same shall become a 



CONSTITUTION OF THE STATE. 1 59 

law, in like manner as if he had signed it, unless the Legisla- 
ture, by their adjournment, prevent its return; in which case 
it shall not become a law. The Governor may approve, sign, 
and file in the office of the Secretary of State, within five 
days after the adjournment of the Legislature, any act passed 
during the last five days of the session, and the same shall 
become a law. 

Sec. 15. [The compensation of the members of the Leg- 
islature shall be three dollars per day for actual attendance, 
and when absent on account of sickness, but the Legislature 
may allow extra compensation to the members from the terri- 
tory of the Upper Peninsula, not exceeding two dollars per 
day during the session.*] When convened in extra session, 
their compensation shall be three dollars per day for the first 
twenty days, and nothing thereafter ; and they shall legislate 
on no other subjects than those expressly stated in the Gover- 
nor's proclamation, or submitted to them by special message. 
They shall be entitled to ten cents, and no more, for every 
mile actually traveled, in going to and returning from the place 
of meeting, on the usually traveled route ; and for stationery 
and newspapers, not exceeding five dollars for each member 
during any session. Each member shall be entitled to one 
copy of the laws, journals, and documents of the Legislature 
of which he was a member ; but shall not receive, at the 
expense of the State, books, newspapers, or other perquisites 
of office, not expressly authorized by this Constitution. 

Sec. 16. The Legislature may provide by law for the pay^ 
ment of postage on all mailable matter received by its mem- 
bers and officers during the sessions of the Legislature, but 
not on any sent or mailed by them. 

♦Amendment adopted by the Legislature of 1859, approved by the people in 1860. 



l6o CIVIL GOVERNMENT. 



Sec. 17. The President of the Senate and the Speaker of 
the House of Representatives shall be entitled to the same 
per diem compensation and mileage as members of the Legis- 
lature, and no more. 

Sec. 18. No person elected a member of the Legislature 
shall receive any civil appointment within this State, or to the 
Senate of the United States, from the Governor, the Governor 
and Senate, from the Legislature, or any other State authority,, 
during the term for which he is elected. All such appoint- 
ments, and all votes given for any person so elected for any 
such office or appointment, shall be void. No member of 
the Legislature shall be interested, directly or indirectly, in 
any contract with the State, or any county thereof, authorized 
by any law passed during the time for which he is elected^ 
nor for one year thereafter. 

Sec. 19. Every bill and joint resolution shall be read 
three times in each House before the final passage thereof. 
No bill or joint resolution shall become a law without the 
concurrence of the majority of .all the members elected to 
each House. On the final passage of all bills, the vote shall 
be by ayes and nays, and entered on the journal. 

Sec. 20. No law shall embrace more than one object, 
which will be expressed in its title. No public act shall take 
effect or be in force until the expiration of ninety days from 
the end of the session at which the same is passed, unless the 
Legislature shall otherwise direct by a two-thirds vote of the 
members elected to each House. 

Sec. 21. The Legislature shall not grant nor authorize 
extra compensation to any public officer, agent, or contractor,, 
after the service has been rendered or the contract entered 
into. 



CONSTITUTION OF THE STATE. x 5 r 

Sec. 22. The Legislature shall provide by law, that the 
furnishing of fuel and stationery for the use of the State, the 
printing and binding the laws and journals, all blanks, paper, 
and printing for the executive departments, and all other 
printing ordered by the Legislature, shall be let by contract 
to the lowest bidder or bidders, who shall give adequate and 
satisfactory security for the performance thereof. The Legis- 
lature shall prescribe by law the manner in which the State 
printing shall be executed, and the accounts rendered therefor; 
and shall prohibit all charges for constructive labor. They 
shall not rescind nor alter such contract, nor release the per- 
son or persons taking the same, or his or their sureties, from 
the performance of any of the conditions of the contract. 
No member of the Legislature, nor officer of the State, shall 
be interested, directly or indirectly, in any such contract. 

Sec. 23. The Legislature shall not authorize by private 
or special law, the sale or conveyance of any real estate 
belonging to any person ; nor vacate nor alter any road laid 
out by commissioners of highways, or any street in any city 
or village, or in any recorded town plat. 

Sec. 24. The Legislature may authorize the employment 
of a chaplain for the State Prison ; but no money shall be 
appropriated for the payment of any religious services in 
either House of the Legislature. 

Sec. 25. No law shall be revised, altered, or amended, by- 
reference to its title only; but the act revised, and the section 
or sections of the act altered or amended, shall be re-enacted 
and published at length. 

Sec. 26. Divorces shall not be granted by the Legisla- 
ture. 

Sec. 27. The Legislature shall not authorize any lottery,, 
nor permit the sale of lottery tickets. 



1 62 CIVIL GOVERNMENT. 



Sec. 28. [No new bill shall be introduced into either 
House of the Legislature after the first fifty days of a session 
shall have expired.*] 

Sec\ 29. In case of a contested election, the person only 
shall receive from the State per diem compensation and mile- 
age who is declared to be entitled to a seat by the House in 
which the contest takes place. 

Sec. 30. No collector, holder, nor disburser of public 
moneys shall have a seat in the Legislature, or be eligible to 
any office of trust or profit under this State, until he shall 
have accounted for and paid over, as provided by law, all 
sums for which he may be liable. 

Sec. 31. The Legislature shall not audit nor allow any' 
private claim or account. 

Sec. 32. The Legislature, on the day of final adjourn- 
ment, shall adjourn at twelve o'clock at noon. 

Sec. 33. [The Legislature shall meet at the seat of gov- 
ernment, on the first Wednesday in January, in the year one 
thousand eight hundred and sixty-one, and on the first Wed- 
nesday in January in every second year thereafter, and at no 
other place or time, unless as provided in the Constitution of 
the State, and shall adjourn without day at such time as the 
Legislature shall fix by concurrent resolution. f] 

Sec. 34. The election of Senators and Representatives, 
pursuant to the provisions of this Constitution, shall be held 
on the Tuesday succeeding the first Monday of November, in 
the year one thousand eight hundred and fifty-two, and on 

* Amendment adopted by the Legislature of 1859, approved by the people at the 
general election of 1S6U. 

t Amendment adopted by the Legislature of 1859, approved by the people at the 
general election of 1860. 



CONSTITUTION OF THE STATE. 1 63 

the Tuesday succeeding the first Monday of November of 
every second year thereafter. 

Sec. 35. The Legislature shall not establish a State paper. 
Every newspaper in the State which shall publish all the gen- 
eral laws of any session, within forty days of their passage, 
shall be entitled to receive a sum not exceeding fifteen dollars 
therefor. 

Sec. 36. The Legislature shall provide for the speedy 
publication of all statute laws of a public nature, and of 
such judicial decisions as it may deem expedient. All laws 
and judicial decisions shall be free for publication by any per- 
son. 

Sec. 37. The Legislature may declare the cases in which 
any office shall be deemed vacant, and also the manner of 
filling the vacancy, where no provision is made for that pur- 
pose in this Constitution. 

Sec. 38. The Legislature may confer upon organized 
townships, incorporated cities and villages, and upon the 
Board of Supervisors of the several counties, such powers of 
local, legislative, and administrative character as they may 
deem proper. 

Sec. 39. The Legislature shall pass no law to prevent any 
person from worshiping Almighty God according to the dic- 
tates of his own conscience; or to compel any person to 
attend, erect, or support any place of religious worship, or 
pay tithes, taxes, or other rates, for the support of any minister 
of the gospel, or teacher of religion. 

Sec. 40. No money shall be appropriated or drawn from 
the treasury for the benefit of any religious sect or society, 
theological or religious seminary ; nor shall property belong- 
ing to the State be appropriated for any such purpose. 



lC 4 CIVIL GOVERNMENT. 



Sec. 41. The Legislature shall not diminish or enlarge 
the civil or political rights, privileges, and capacities of any 
person on account of his opinion or belief concerning matters 
of religion. 

Sec. 42. No law shall ever be passed to restrain or abridge 
the liberty of speech or of the press ; but every person may 
freely speak, write, and publish his sentiments on all subjects, 
being responsible for the abuse of such right. 

Sec. 43. The Legislature shall pass no bill of attainder, 
ex post facto law, or law impairing the obligation of contracts. 

Sec. 44. The privilege of the writ of habeas corpus 
remains, and shall not be suspended by the Legislature, 
•except, in case of rebellion or invasion, the public safety 
require it. 

Sec. 45. The assent of two-thirds of the members elected 
to each House of the Legislature shall be requisite to every 
bill appropriating the public money or property for local or 
private purposes. 

Sec. 46. The Legislature may authorize a trial by jury of 
a less number than twelve men. 

Sec. 47. * 

Sec. 48. The style of the laws shall be, " The people of 
the State of Michigan enact." 

ARTICLE V. 

executive department. 

Sec. 1. The Executive power is vested in a Governor, 
who shall hold his office for two years. A Lieutenant Gover- 
nor shall be chosen for the same term. 

* By amendment proposed by the Legislature of 1875, an( * approved by the people 
at the general election of 1876, Section 47, Article IV., was stricken out. 



CONSTITUTION OF THE STATE. 1 65 

Sec. 2. No person shall be eligible to the office of Gover- 
ernor or Lieutenant Governor who has not been five years a 
citizen of the United States, and a resident of this State two 
years next preceding his election ; nor shall any person be 
eligible to either office who has not attained the age of thirty 
years. 

Sec. 3. The Governor and Lieutenant Governor shall be 
elected at the times and places of choosing the members of 
the Legislature. The person having the highest number of 
votes for Governor or Lieutenant Governor shall be elected. 
In case two or more persons shall have an equal and the high- 
est number of votes for Governor or Lieutenant Governor, 
the Legislature shall, by joint vote, choose one of such per- 
sons. 

Sec. 4. The Governor shall be Commander-in-Chief of 
the military and naval forces ; and may call out such forces 
to execute the laws, to suppress insurrections, and to repel 
invasion. 

Sec. 5. He shall transact all necessary business with offi- 
cers of government, and may require information, in writing, 
from the officers of the executive department, upon any sub- 
ject relating to the duties of their respective offices. 

Sec. 6. He shall take care that the laws be faithfully 
executed. 

Sec. 7. He may convene the Legislature on extraordinary 
occasions. 

Sec. 8. He shall give to the Legislature, and at the close 
of his official term to the next Legislature, information, by 
message, of the condition of the State, and recommend such 
measures to them as he shall deem expedient. 

Sec. 9. He may convene the Legislature at some other 



1 66 CIVIL GOVERNMENT, 



place, when the seat of government becomes dangerous from 
disease or a common enemy. 

Sec. io. He shall issue writs of election to fill such 
vacancies as occur in the Senate or House of Representatives. 

Sec. ii. He may grant reprieves, commutations, and 
pardons, after convictions, for all offenses except treason and 
cases of impeachment, upon such conditions, and with such 
restrictions and limitations, as he may think proper, subject to 
regulations provided by law, relative to the manner of apply- 
ing for pardons. Upon conviction for treason, he may sus- 
pend the execution of the sentence until the case shall be 
reported to the Legislature at its next session, when the Legis- 
lature shall either pardon or commute the sentence, direct the 
execution of the sentence, or grant a further reprieve. He 
shall communicate to the Legislature at each session, informa- 
tion of each case of reprieve, commutation, or pardon granted, 
and the reason therefor. 

Sec. 12. In case of the impeachment of the Governor, 
his removal from office, death, inability, resignation, or 
absence from the State, the powers and duties of the office 
shall devolve upon the Lieutenant Governor for the residue of 
the term, or until the disability ceases. When the Governor 
shall be out of the State in time of war, at the head of a mili- 
tary force thereof, he shall continue Commander-in-Chief of 
all the military force of the State. 

Sec. 13. During a vacancy in the office of Governor, if 
the Lieutenant Governor die, resign, be impeached, displaced, 
be incapable of performing the duties of his office, or absent 
from the State, the President pro tempore of the Senate shall 
act as Governor, until the vacancy be filled, or the disability 
cease. 



CONSTITUTION OF THE STATE. 1 67 

Sec. 14. The Lieutenant Governor shall, by virtue of his 
office, be President of the Senate. In committee of the whole 
he may debate all questions ; and when there is an equal divi- 
sion, he shall give the casting vote. 

Sec. 15. No member of Congress, nor any person hold- 
ing office under the United States, or this State, shall execute 
the office of Governor, 

Sec. 16. No person elected Governor or Lieutenant Gov- 
ernor shall be eligible to any office or appointment from the 
Legislature, or either House thereof, during the time for which 
he was elected. All votes for either of them, for any such 
office, shall be void. 

Sec. 17. The Lieutenant [Governor] and President of 
the Senate pro tempore, when performing the duties of Gover- 
nor, shall receive the same compensation as the Governor. 

Sec. 18. All official acts of the Governor, his approval 
of the laws excepted, shall be authenticated by the great seal 
of the State, which shall be kept by the Secretary of State. 

Sec. 19. All commissions issued to persons holding 
office under the provisions of this Constitution, shall be in 
the name and by the authority of the people of the State of 
Michigan, sealed with the great seal of the State, signed by 
the Governor, and countersigned by the Secretary of State. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Sec i. The Judicial power is vested in one Supreme 
Court, in Circuit Courts, in Probate Courts, and in Justices of 
the Peace. Municipal Courts, of civil and criminal jurisdiction 
may be established by the Legislature in cities. 



j58 civil government. 



Sec. 2. For the term of six years and thereafter, until 
the Legislature otherwise provide, the Judges of the several 
Circuit Courts shall be Judges of the Supreme Court, four of 
whom shall constitute a quorum. A concurrence of three 
shall be necessary to a final decision. After six years the 
Legislature may provide by law for the organization of a 
Supreme Court, with the jurisdiction and powers prescribed 
in this Constitution, to consist of one Chief Justice and three 
Associate Justices, to be chosen by the electors of the State. 
Such Supreme Court, when so organized, shall not be changed 
or discontinued by the Legislature for eight years thereafter. 
The Judges thereof shall be so classified that but one of them 
shall go out of office at the same time. Their term of office 
shall be eight years. 

Sec. 3. The Supreme Court shall have a general superin- 
tending control over, all inferior courts, and shall have power 
to issue writs of error, habeas corpus, mandamus, quo warranto, 
procedendo, and other original and remedial writs, and to 
hear and determine the same. In all other cases it shall have 
appellate jurisdiction only. 

Sec. 4. Four terms of the Supreme Court shall be held 
annually, at such times and places as may be designated by 
law. 

Sec. 5. The Supreme Court shall, by general rules, estab- 
lish, modify, and amend the practice in such court and in the 
Circuit Courts, and simplify the same. The Legislature shall, 
as far as practicable, abolish distinctions between law and equity 
proceedings. The office of master in chancery is prohibited. 

Sec. 6. The State shall be divided into eight judicial 
circuits ; in each of which the electors thereof shall elect one 
Circuit Judge, who shall hold his office for the term of six 



CONSTITUTION OF THE STATE. 1 69 

years, and until his successor is elected and qualified. 

Sec. 7. The Legislature may alter the limits of circuits, 
or increase the number of the same. No alteration or increase 
shall have the effect to remove a Judge from office. In 
every additional circuit established, the Judge shall be elected 
by the electors of such circuit, and his term of office shall 
continue, as provided in this Constitution for Judges of the 
Circuit Court. 

Sec. 8. The Circuit Courts shall have original jurisdiction 
in all matters, civil and criminal, not excepted in this Consti- 
tution, and not prohibited by law; and appellate jurisdiction 
from all inferior courts and tribunals, and a supervisory con- 
trol of the same. They shall also have power to issue writs 
of habeas corpus, mandamus, injunction, quo warranto, certi- 
orari, and other writs necessary to carry into effect their 
orders, judgments, and decrees, and give them a general 
control over inferior courts and tribunals within their respec- 
tive jurisdictions. 

Sec. 9. Each of the Judges of the Circuit Courts shall 
receive a salary, payable quarterly. They shall be ineligil le 
to any other than a judicial office during the term for which 
they are elected, and for one year thereafter. All votes for 
any person elected such Judge, for any office other than judi- 
cial, given either by the Legislature or the people, shall be 
void. 

Sec. 10. The Supreme Court may appoint a Reporter of 
its decisions. The decisions of the Supreme Court shall be 
in writing, and signed by the Judges concurring therein. 
Any Judge dissenting therefrom shall give the reasons of such 
dissent in writing, under his signature. All such opinions 
shall be filed in the office of the Clerk of the Supreme Court. 
12 



I70 CIVIL GOVERNMENT. 



The Judges of the Circuit Court, within their respective 
jurisdictions, may fill vacancies in the office of County Clerk 
and of Prosecuting Attorney; but no Judge of the Supreme- 
Court, or Circuit Court, shall exercise any other power of 
appointment to public office. 

Sec. 11. A Circuit Court shall be held at least twice in 
each year in every county organized for judicial purposes, and 
four times in each year in counties containing ten thousand 
inhabitants. Judges of the Circuit Court may hold courts for 
each other, and shall do so when required by law. 

Sec. 12. The Clerk of each county organized for judicial 
purposes, shall be the clerk of the Circuit Court of such county,, 
and of the Supreme Court when held within the same. 

Sec. 13. In each of the counties organized for judicial 
purposes, there shall be a Court of Probate. The Judge of 
such court shall be elected by the electors of the county in 
which he resides, and shall hold his office for four years, and 
until his successor is elected and qualified. The jurisdiction, 
powers, and duties of such court shall be prescribed by law. 

Sec. 14. When a vacancy occurs in the office of Judge 
of the Supreme, Circuit, or Probate Court, it shall be filled 
by appointment of the Governor, which shall continue until 
a successor is elected and qualified. When elected, such suc- 
cessor shall hold his office the residue of the unexpired term. 

Sec. 15. The Supreme Court, the Circuit and Probate 
Courts of each county, shall be Courts of Record, and shall 
each have a common seal. 

Sec. 16. The Legislature may provide by law for the 
election of one or more persons in each organized county, 
who may be vested with judicial powers not exceeding those 
of a Judge of a Circuit Court at Chambers. 



CONSTITUTION OF THE STATE. 1 71 

Sec. 17. There shall be not exceeding four Justices of 
the Peace in each organized township. They shall be elected 
by the electors of the township, and shall hold their offices for 
four years, and until their successors are elected and qualified. 
At the first election in any township, they shall be classified 
as shall be prescribed by law. A Justice elected to fill a 
vacancy shall hold his office for the residue of the unexpired 
term. The Legislature may increase the number of Justices in 
cities. 

Sec. 18. In civil cases, Justices of the Peace shall have 
exclusive jurisdiction to the amount of one hundred dollars, 
and concurrent jurisdiction to the amount of three hundred 
dollars, which may be increased to five hundred dollars, with 
such exceptions and restrictions as may be provided by law. 
They shall also have such criminal jurisdiction, and perform 
such duties, as shall be prescribed by the Legislature. 

Sec. 19. Judges of the Supreme Court, Circuit Judges, 
and Justices of the Peace shall be conservators of the peace 
within their respective jurisdictions. 

Sec. 20. The first election of Judges of the Circuit Court 
shall be held on the first Monday in April, one thousand eight 
hundred and fifty-one, and every sixth year thereafter. When- 
ever an additional circuit is created, provision shall be made 
to hold the subsequent election of such additional Judge at 
the regular elections herein provided. 

Sec. 21. The first election of Judges of the Probate 
Courts shall be held on the Tuesday succeeding the first Mon- 
day of November, one thousand eight hundred and fifty-two, 
and every fourth year thereafter. 

Sec. 22. Whenever a Judge shall remove beyond the 
limits of the jurisdiction for which he was elected, or a Justice 



172 CIVIL GOVERNMENT. 

of the Peace from the township in which he was elected, or 
by a change in the boundaries of such township shall be 
placed without the same, they shall be deemed to have vacated 
their respective offices. 

Sec. 23. The Legislature may establish Courts of Concili- 
ation, with such powers and duties as shall be prescribed by 
law. 

Sec. 24. Any suitor in any court of this State shall have 
the right to prosecute or defend his suit, either in his own 
proper person, or by an attorney or agent of his choice. 

Sec. 25. In all prosecutions for libels, the truth may be 
given in evidence to the jury; and if it shall appear to the 
jury that the matter charged as libelous is true, and was pub- 
lished with good motives and for justifiable ends, the party 
shall be acquitted. The jury shall have the right to determine 
the law and the fact. 

Sec. 26. The persons, houses, papers, and possessions of 
every person shall be secure from unreasonable searches and 
seizures. No warrant to search any place or to seize any per- 
son or things, shall issue without describing them, nor without 
probable cause supported by oath or affirmation. 

Sec. 27. The right of trial by jury shall remain, but shall 
be deemed to be waived in all civil cases, unless demanded 
by one of the parties in such manner as shall be prescribed 
by law. 

Sec. 28. In every criminal prosecution, the accused shall 
have the right to a speedy and public trial by an impartial 
jury, which may consist of less than twelve men in all courts 
not of record ; to be informed of the nature of the accusation; 
to be confronted with the witnesses against him ; to have 
compulsory process for obtaining witnesses in his favor, and 
have the assistance of counsel for his defense. 



CONSTITUTION OF THE STATE. 1 73 

Sec. 29. No person, after acquittal upon the merits, shall 
be tried for the same offense. All persons shall, before con- 
viction, be bailable by sufficient sureties, except for murder 
and treason, when the proof is evident or the presumption 
great. 

Sec. 30. Treason against the State shall consist only in 
levying war against [it], or in adhering to its enemies, giving 
them aid and comfort. No person shall be convicted of trea- 
son unless upon the testimony of two witnesses to the same 
overt act, or on confession in open court. 

Sec 31. Excessive bail shall not be required; excessive 
fines shall not be imposed ; cruel or unusual punishments 
shall not be inflicted; nor shall witnesses be unreasonably 
detained. 

Sec 32. No person shall be compelled in any criminal 
case to be a witness against himself, nor be deprived of life, 
liberty, or property, without due process of law. 

Sec 33. No person shall be imprisoned for debt, arising 
out of or founded on a contract, express or implied, except in 
cases of fraud, or breach of trust, or of moneys collected by 
public officers, or in any professional employment. No per- 
son shall be imprisoned for a militia fine in time of peace. 

Sec 34. No person shall be rendered incompetent to be 
a witness on account of his opinions on matters of religious 
belief. 

Sec 35. The style or' all process shall be: " In the name 
of the people of the State of Michigan." 



174 CIVIL GOVERNMENT. 



ARTICLE VII. 

ELECTIONS. 

*Sec. i. In all elections, every male citizen, every male 
inhabitant residing in the State on the twenty-fourth day of 
June, one thousand eight hundred and thirty-five ; every male 
inhabitant residing in the State on the first day of January, 
one thousand eight hundred and fifty, who has declared his 
intention to become a citizen of the United States, pursuant 
to the laws thereof, six months preceding an election, or who 
has resided in this State two years and six months, and 
declared his intention as aforesaid, and every civilized male 
inhabitant of Indian descent, a native of the United States, 
and not a member of any tribe, shall be an elector, and 
entitled to vote ; but no citizen or inhabitant shall be an elec- 
tor or entitled to vote at any election, unless he shall be 
above the age. of twenty-one years, and has resided in this 
State three months, and in the township or ward in which he 
offers to vote, ten days next preceding such election : ^Pro- 
vided, That in time of war, insurrection, or rebellion, no 
qualified elector in the actual military service of the United 
States, or of this State, in the army and navy thereof, shall 
be deprived of his vote by reason of his absence from the 
township, ward, or State in which he resides ; and the Legis- 
lature shall have the power, and shall provide the manner in 
which, and the time and place at which, such absent elec- 
tors may vote, and for the canvas sand return of their votes 

*Ey amendment proposed by the Legislature of 1869, and approved by the people 
at tne general election of 1870, the word " white," as in the article originally, was 
blricken out. 

t Amendment proposed by the Legislature of 1865, (Joint Resolution No. 26), and 
approved by the people at the general election in November, 1866, by a majority of 
7d,26i). 



CONSTITUTION OF THE STATE. I75 

to the township or ward election district in which they respec- 
tively reside, or otherwise. 

Sec. 2. All votes shall be given by ballot, except for such 
township officers as may be authorized by law to be otherwise 
chosen. 

Sec. 3. Every elector, in all cases except treason, felony, 
or breach of the peace, shall be privileged from arrest during 
his attendance at election, and in going to and returning from 
the same. 

Sec. 4. No elector shall be obliged to do military duty 
on the day of election, except in time of war or public dan- 
ger, or attend court as a suitor or witness. 

Sec 5. No elector shall be deemed to have gained or lost 
a residence by reason of his being employed in the service of 
the United States, or of this State ; nor while engaged in the 
navigation of the waters of this State, or of the United States, 
or of the high seas ; nor while a student of any seminary of 
learning ; nor while kept at any almshouse or other asylum 
at public expense ; nor while confined in any public prison. 

Sec 6. Laws may be passed to preserve the purity of 
elections, and guard against abuses of the elective franchise. 

Sec 7. Xo soldier, seaman, nor marine, in the army or 
navy of the United States, shall be deemed a resident of this 
State in consequence of being stationed in any military or 
naval place within the same. 

Sec 8. Any inhabitant who may hereafter be engaged in 
a duel, either as principal or accessory before the fact, shall 
be disqualified from holding any office under the Constitution 
and laws of this State, and shall not be permitted to vote at 
any election. 



I76 CIVIL GOVERNMENT. 

ARTICLE VIII. 

STATE OFFICERS. 

Sec. i. There shall be elected at each general biennial 
election a Secretary of State, a Superintendent of Public 
Instruction, a State Treasurer, a Commissioner of the Land 
Office, an Auditor General, and an Attorney General, for the 
term of two years. They shall keep their offices at the seat of 
government, and shall perform such duties as may be pres- 
cribed by law. 

Sec. 2. Their term of office shall commence on the first 
day of January, one thousand eight hundred and fifty-three, 
and of every second year thereafter. 

Sec 3. Whenever a vacancy shall occur in any of the 
State offices, the Governor shall fill the same by appointment, 
by and with the advice and consent of the Senate, if in ses- 
sion. 

Sec 4. The Secretary of State, State Treasurer, and 
Commissioner of the State Land Office shall constitute a 
Board of State Auditors, to examine and adjust all claims 
against the State not otherwise provided for by general law. 
They shall constitutea Board of State Canvassers to determine 
the result of all elections for Governor, Lieutenant Governor, 
and State officers, and of such other officers as shall by law be 
referred to them. 

Sec 5. In case two or more persons have an equal and 
the highest number of votes for any office, as canvassed by 
the Board of State Canva-sers, the Legislature, in joint con- 
vention, shall choose one of said persons to fill such office. 
When the determination of the Board of State Canvassers is 
contested, the Legislature, in joint convention, shall decide 
which person is elected. 



CONSTITUTION OF THE STATE. I77- 

ARTICLE IX. 

SALARIES. 

Sec. t. The Governor shall receive an annual salary of 
one thousand dollars ; the Judges of the Circuit Courts shall 
each receive an annual salary of one thousand five hundred 
dollars ; the State Treasurer shall receive an annual salary of 
one thousand dollars ; the Auditor General shall receive an 
annual salary of one thousand dollars ; the Superintendent of 
Public Instruction shall receive an annual salary of one thou- 
sand dollars ; the Secretary of State shall receive an annual 
salary of eight hundred dollars ; the Commissioner of the 
Land Office shall receive an annual salary of eight hundred 
dollars; the Attorney General shall receive an annual salary 
of eight hundred dollars. They shall receive no fees or per- 
quisites whatever for the performance of any duties connected 
with their offices. It shall not be competent for the Legisla- 
ture to increase the salaries herein provided. 

ARTICLE X. 

COUNTIES. 

Sec 1. Each organized county shall be a body corporate, 
with such powers and immunities as shall be established by 
law. All suits and proceedings by or against a county shall 
be in the name thereof. 

Sec 2. No organized county shall ever be reduced, by 
the organization of new counties, to less than sixteen townships, 
as surveyed by the United States, unless, in pursuance of law, 
a majority of electors residing in each county to be affected 
thereby shall so decide. The Legislature may organize any 
city into a separate county when it has attained a population 



I78 CIVIL GOVERNMENT. 



of twenty thousand inhabitants, without reference to geogra- 
phical extent, when a majority of the electors of a county in 
which such city may be situated, voting thereon, shall be in 
favor of a separate organization. 

Sec. 3. In each organized county there shall be a Sheriff, 
a County Clerk, a County Treasurer, a Register of Deeds, and 
a Prosecuting Attorney, chosen by the electors thereof, once 
in two years, and as often as vacancies shall happen, whose 
duties and powers shall be prescribed by law. The Board of 
Supervisors in any county may unite the offices of County 
Clerk and Register of Deeds in one office or disconnect the 
same. 

Sec. 4. The Sheriff, County Clerk, County Treasurer, 
Judge of Probate, and Register of Deeds shall hold their offices 
at the county seat. 

Sec. 5. The Sheriff shall hold no other office, and shall 
be incapable of holding the office of Sheriff longer than four 
n any period of six years. He maybe required bylaw to 
renew his security from time to time, and in default of giving 
such security, his office shall be deemed vacant. The county 
shall never be responsible for his acts. 

Sec. 6. A Board of Supervisors, consisting of one from 
"each organized township, shall be established in each county, 
with such powers as shall be prescribed by law. 

Sec. 7. Cities shall have such representation in the Board 
of Supervisors of the counties in which they are situated, as 
the Legislature may direct. 

Sec. 8. No county seat once established, shall be removed 
until the place to which it is proposed to be removed shall be 
designated by two-thirds of the Board of Supervisors of the 
.county, and a majority of the electors voting thereon shall 



CONSTITUTION OF THE STATE. 1 79 

have voted in favor of the proposed location, in such manner 
as shall be prescribed by law. 

Sec. 9. The Board of Supervisors of any county may bor- 
row or raise by tax one thousand dollars, for constructing or 
repairing public buildings, highways, or bridges ; but no 
greater sum shall be borrowed or raised by tax for such pur- 
pose in any one year, unless authorized by a majority of the 
electors of such county voting thereon. 

Sec. 10. The Board of Supervisors, or in the county of 
Wayne the Board of County Auditors, shall have the exclusive 
power to prescribe and fix the compensation for all services 
rendered for, and to adjust all claims against their respective 
counties ; and the sum so fixed or defined shall be subject to 
no appeal. 

Sec. 11. The Board of Supervisors of each organized 
county may provide for laying out highways, constructing 
bridges, and organizing townships, under such restrictions and 
limitations as shall be prescribed by law. 

ARTICLE XI. 

TOWNSHIPS. 

Sec. 1. There shall be elected annually, on the first Mon 
day of April, in each organized township, one Supervisor, one 
Township Clerk, who shall be ex officio School Inspector, one 
Commissioner of Highways, one Township Treasurer, one 
School Inspector, not exceeding four Constables, and one 
Overseer of Highways for each highway district, whose powers 
and duties shall be prescribed by law. 

Sec. 2. Each organized township shall be a body cor- 
porate, with such powers and immunities as shall be prescribed 



l80 CIVIL GOVERNMENT. 



by law. All suits and proceedings by or against a township 
shall be in the name thereof. 

ARTICLE XII. 

IMPEACHMENTS AND REMOVALS FROM OFFICE. 

Sec. i. The House of Representatives shall have the sole 
power of impeaching civil officers for corrupt conduct in 
office, or for crimes and misdemeanors; but a majority of the 
members elected shall be necessary to direct an impeachment. 

Sec. 2, Every impeachment shall be tried by the Senate. 
When the Governor or Lieutenant Governor is tried, the 
Chief Justice of the Supreme Court shall preside. When an 
impeachment is directed, the Senate shall take an oath or 
affirmation, truly and impartially to try and determine the 
same according to the evidence. No person shall be convicted 
without the concurrence of two-thirds of the members elected. 
Judgment in case of impeachment shall not extend further 
than removal from office ; but the party convicted shall be 
liable to punishment according to law. 

Sec. 3. When an impeachment is directed, the House of 
Representatives shall elect from their own body three members, 
whose duty it shall be to prosecute such impeachment. No 
impeachment shall be tried until the final adjournment of the 
Legislature, when the Senate shall proceed to try the same. 

Sec. 4. No judicial officer shall exercise his office after 
an impeachment is directed, until he is acquitted. 

Sec. 5. The Governor may make a provisional appoint- 
ment to a vacancy occasioned by the suspension of an officer 
until he shall be acquitted, or until after the election and quali- 
fication of a successor. 



CONSTITUTION OF THE STATE. jSj 

Sec. 6. For reasonable cause, which shall not be sufficient 
ground for the impeachment of a Judge, the Governor shall 
remove him on a concurrent resolution of two-thirds of the 
members elected to each House of the Legislature ; but the 
cause for which such removal is required shall be stated at 
length in such resolution. 

Sec. 7. The Legislature shall provide by law for the 
removal of any officer elected by a county, township, or 
school district, in such manner and for such cause as to them 
shall seem just and proper, 

[Sec. 8. The Governor shall have power, and it shall be 
his duty, except at such time as the Legislature may be in 
ession, to examine into the condition and administration of 
any public office, and the acts of any public officer, elective or 
appointed, to remove from office for gross neglect of duty, or 
for corrupt conduct in office, or any other misfeasance or 
malfeasance therein, either of the following State officers, to 
wit: The Attorney General, State Treasurer, Commissioner 
of the Land Office, Secretary of State, Auditor General, 
Superintendent of Public Instruction, or Members of the State 
Board of Education, or any other officer of the State, except 
legislative and judicial, elective or appointed, and to appoint a 
successor for the remainder of their respective unexpired term 
of office, and report the causes of such removal to the Legis- 
lature at its next session.*] 

* Amendment adopted by the Legislature of 1861, approved by the people at 
the generai election of 1862. 



1 82 CIVIL GOVERNMENT. 



ARTICLE XIII. 

EDUCATION. 

Sec. i. The Superintendent of Public Instruction shall 
have the general supervision of Public Instruction, and his 
duties shall be prescribed by law. 

Sec. 2. The proceeds from the sales of all lands that 
have been or hereafter may be granted by the United States 
to the State for educational purposes, and the proceeds of all 
lands or other property given by individuals, or appropriated 
by the State for like purposes, shall be and remain a perpetual 
fund, the interest and income of which, together with the 
rents of all such lands as may remain unsold, shall be inviola- 
bly appropriated and annually applied to the specific objects 
of the original gift, grant, or appropriation. 

Sec. 3. All lands, the titles of which shall fail from a 
defect of heirs, shall escheat to the State ; and the interest 
on the clear proceeds from the sales thereof shall be appro- 
priated exclusively to the support of primary schools. 

Sec. 4. The Legislature shall, within five years from the 
adoption of this Constitution, provide for and establish a sys- 
tem of primary schools, whereby a school shall be kept with- 
out charge for tuition, at least three months in each year, in 
every school district in the State ; and all instruction in said 
schools shall be conducted in the English language. 

Sec. 5. A school shall be maintained in each school dis- 
trict, at least three months in each year. Any school district 
neglecting to maintain such school shall be deprived for the 
ensuing year of its proportion of the income of the primary 
school fund, and of all funds arising from taxes for the sup- 
port of schools. 



CONSTITUTION OF THE STATE. 183 

Sec. 6. [There shall be elected in the year eighteen hun- 
dred and sixty-three, at the time of the election of a Justice 
of the Supreme Court, eight Regents of the University, two 
of whom shall hold their office for two years, two for four 
years, two for six years, and two for eight years. They shall 
enter upon the duties of their office on the first of Jan- 
uary next succeeding their election. At every regular election 
of a Justice of the Supreme Court thereafter, there shall be 
elected two Regents, whose term of office shall be eight years. 
When a vacancy shall occur in the office of Regent, it shall 
be filled by appointment of the Governor. The Regents thus 
elected shall constitute the Board of Regents of the Univer- 
sity of Michigan.*] 

Sec. 7. The Regents of the University and their succes- 
sors in office shall continue to constitute the body corporate 
known by the name and title of "The Regents of the Uni- 
versity of Michigan." 

Sec 8. The Regents of the University shall, at their first 
annual meeting, or as soon thereafter as may be, elect a Presi- 
dent of the University, who shall be ex officio a member of 
their Board, with the privilege of speaking but not of voting. 
He shall preside at the meetings of the Regents, and be the 
principal executive officer of the University. The Board of 
Regents shall have the general supervision of the University, 
and the direction and control of all expenditures from the 
University interest fund. 

Sec. 9. There shall be elected at the general election in 
the year one thousand eight hundred and fifty-two, three 
members of a State Board of Education ; one for two years, 

♦Amendment adopted by the Legislature of 1861, approved by the people at 
the general electiou of 1S02. 



184 CIVIL GOVERNMENT. 



one for four years, and one for six years; and at each succeed- 
ing biennial election there shall be elected one member of 
such Board, who shall hold his office for six years. The 
Superintendent of Public Instruction shall be exofficio a 
member and secretary of such board. The board shall have 
the general supervision of the State Normal School, and their 
duties shall be prescribed by law. 

Sec. 10. Institutions for the benefit of those inhabitants 
who are deaf, dumb, blind, or insane, shall always be fostered 
and supported. 

Sec. 11. The Legislature shall encourage the promotion 
of intellectual, scientific, and agricultural improvement ; and 
shall, as soon as practicable, provide for the establishment of 
an Agricultural School. The Legislature may appropriate the 
twenty-two sections of salt spring lands now unappropriated, 
or the money arising from the sale of the same, where such 
lands have been already sold, and any land which may here- 
after be granted or appropriated for such purpose, for the sup- 
port and maintenance of such school, and may make the same 
a branch of the University, for instruction in agriculture and 
the natural sciences connected therewith, and place the same 
under the supervision of the Regents of the University. 

Sec. 12. The Legislature shall also provide for the estab- 
lishment of at least one library in each township ; and all 
fines assessed and collected in the several counties and town- 
ships, for any breach of the penal laws, shall be exclusively 
applied to the support of such libraries. 



CONSTITUTION OF THE STATE. 1 85 

ARTICLE XIV. 

FINANCE AND TAXATION. 

Sec. i. All specific State taxes, except those received 
from the mining companies of the Upper Peninsula, shall be 
applied in paying the interest upon the primary school, Uni- 
versity, and other educational funds, and the interest and 
principal of the State debt, in the order herein recited, until 
the extinguishment of the State debt, other than the amounts 
due to educational funds, when such specific taxes shall be 
added to, and constitute a part of, the primary school interest 
fund. The Legislature shall provide for an annual tax, suffi- 
cient, with other resources, to pay the estimated expenses of 
he State government, the interest of the State debt, and such 
deficiency as may occur in the resources. 

Sec. 2. The Legislature shall provide by law a sinking 
fund of at least twenty thousand dollars a year, to commence 
in eighteen hundred and fifty-two, with compound interest at 
the rate of six per cent, per annum, and an annual increase of 
at least five per cent., to be applied solely to the payment and 
extinguishment of the principal of the State debt, other than 
the amounts due to educational funds, and shall be continued 
until the extinguishment thereof. The unfunded debt shall 
not be funded or redeemed at a value exceeding that estab- 
lished by law in one thousand eight hundred and forty-eight. 

Sec. 3. The State may contract debts to meet deficits in 
revenues. Such debts shall not, in the aggregate, at any one 
time, exceed fifty thousand dollars. The moneys so raised 
shall be applied to the purposes for which they were obtained, 
or to the payment of the debts so contracted. 

Sec. 4. The State may contract debts to repel invasion, 
suppress insurrection, or defend the State in time of war. 
*3 



1 86 CIVIL GOVERNMENT. 

The money arising from the contracting of such debts shall 
be applied to the purposes for which it was raised, or to repay 
such debts. 

Sec. 5. No money shall be paid out of the treasury except 
in pursuance of appropriations made by law. 

Sec. 6. The credit of the State shall not be granted to 
or in aid of any person, association, or corporation. 

Sec. 7. No scrip, certificate, or other evidence of State 
indebtedness shall be issued, except for the redemption of 
stock previously issued, or for such debts as are expressly 
authorized in this Constitution. 

Sec. 8. The State shall not subscribe to or be interested 
in the stock of any company, association, or corporation. 

Sec. 9. The State shall not be a party to or interested in 
any work of internal improvement, nor engaged in carrying 
on any such work, except in the expenditure of grants to the 
State of land or other property. 

Sec. 10. The State may continue to collect all specific 
taxes accruing to the treasury under existing laws. The Leg- 
islature may provide for the collection of specific taxes, from 
banking, railroad, plank-road, and other corporations hereaf- 
ter created. 

Sec. 11. The Legislature shall provide an uniform rule of 
taxation, except on property paying specific taxes; and taxes 
shall be levied on such property as shall be prescribed by law. 

Sec. 12. All assessments hereafter authorized shall be on 
property at its cash value. 

Sec. 13. The Legislature shall provide for an equaliza- 
tion by a State Board in the year one thousand eight hundred 
and fifty-one, and every fifth year thereafter, of assessments 
on all taxable property, except that paying specific taxes. 



CONSTITUTION OF THE STATE. 1 87 

Sec. 14. Every law which imposes, continues, or revives 
a tax, shall distinctly state the tax and the object to which it 
is to be applied ; and it shall not be sufficient to refer to any- 
other law to fix such tax or object. 

ARTICLE XV. 

CORPORATIONS. 

[Sec. i. Corporations may be formed under general laws, 
but shall not be created by special act, except for municipal 
purposes. All laws passed pursuant to this section may be 
amended, altered, or repealed. But the Legislature may, by 
a vote of two-thirds of the members elected to each House, 
create a single bank with branches.*] 

[Sec. 2. No general banking law shall have effect until 
the same shall, after its passage, be submitted to a vote of the 
electors of the State at a general election, and be approved 
by a majority of the votes cast thereon at such election.^] 

[Sec. 3. The officers and stockholders of every corpora- 
tion or association for banking purposes, issuing bank notes 
or paper credits, to circulate as money, shall be individually 
liable for all debts contracted during the term of their being 
officers or stockholders of such corporation or association, 
equally and ratably, to the extent of their respective shares of 
stock in any such corporation or association.^] 

[Sec. 4. For all banks organized under general laws, the 
Legislature shall provide for the registry of all bills or notes 
issued or put in circulation as money, and shall require secu- 

♦Amendment adopted by the LegMatare of 1861, approved by the people at the 
general election of 1802, 

tAmendment adopted by the Legislature of 1861, approved by the people at the 
I election of 

^Amendment adapted by the Legislature of 1859, approved by the people at the 
general election of latiu. 



!83 civil government. 



rity to the full amount of notes and bills so registered, in 
State or United States stocks, bearing interest, which shall be 
deposited with the State Treasurer for the redemption of such 
bills or notes, in specie.*] 

Sec. 5. In case of the insolvency of any bank or banking 
association, the bill holders thereof shall be entitled to prefer- 
ence in payment, over all other creditors of such bank or 
association. 

Sec. 6. The Legislature shall pass no law authorizing or 
sanctioning the suspension of specie payments by any person, 
association, or corporation. 

Sec. 7. The stockholders of all corporations and joint 
stock associations, shall be individually liable for all labor 
performed for such corporation or association. 

Sec. 8. The Legislature shall pass no law altering or 
amending any act of incorporation heretofore granted, with- 
out the assent of two-thirds of the members elected to each 
House ; nor shall any such act be renewed or extended. This 
restriction shall not apply to municipal corporations. 

Sec. 9. The property of no person shall be taken by any 
corporation for public use, without compensation being first 
made or secured, in such manner as may be prescribed by 
law. 

Sec. 10. No corporation, except for municipal purposes, 
or for the construction of railroads, plank-roads, and canals, 
shall be created for a longer time than thirty years. 

Sec. 11. The term "corporation," as used in the pre- 
ceding sections of this article, shall be construed to include all 
associations and joint stock companies having any of the 

♦Amendment adopted by the Legislature of 1861, approved by the people at general 
election of 1862. 



CONSTITUTION OF THE STATE. 1 89 

powers or privileges of corporations, not possessed by indi- 
viduals or partnerships. All corporations shall have the right 
to sue, and be subject to be sued in all courts, in like cases as 
natural persons. 

Sec. 12. No corporation shall hold any real estate here- 
after acquired, for a longer period than ten years, except such 
real estate as shall be actually required by such corporations 
in the exercise of its franchises. 

Sec. 13. The Legislature shall provide for the incorpora- 
tion and organization of cities and villages, and shall restrict 
their powers of taxation, borrowing]money, contracting debts, 
and loaning their credit. 

Sec. 14. Judicial officers of cities and villages shall be 
elected, and all other officers shall be elected or appointed, at 
such time and in such manner as the Legislature may direct. 

Sec. 15. Private property shall not be taken for public 
improvements in cities and villages without the consent of the 
owner, unless the compensation therefor shall first be deter- 
mined by a jury of freeholders, and actually paid or secured 
in the manner provided by law. 

Sec. 16. Previous notice of any application for an alter- 
ation of the charter of any corporation shall be given in such 
manner as may be prescribed by law. 

ARTICLE XVI. 

EXEMPTIONS. 

Sec. i. The personal property of every resident of this 
State, to consist of such property only as shall be designated 
by law, shall be exempted to the amount of not less than five 
hundred dollars, from sale on execution or other final process 
of any court, issued for the collection of any debt contracted 
after the adoption of this Constitution. 



I90 CIVIL GOVERNMENT. 

Sec. 2. Every homestead of not exceeding forty acres of 
land, and the dwelling house thereon, and the appurtenances, 
to be selected by the owner thereof, and not included in any 
town plat, city, or village ; or, instead thereof, at the option 
of the owner, any lot in any city, village, or recorded town 
plat, or such parts of lots as shall be equal thereto, and the 
dwelling-house thereon, and its appurtenances, owned and 
occupied by any resident of the State, not exceeding in value 
fifteen hundred dollars, shall be exempt Irom forced sale on 
execution, or any other final process from a court, for any 
debt contracted after the adoption of this Constitution. Such 
exemption shall not extend to any mortgage thereon, lawfully 
obtained, but such mortgage or other alienation of such land 
by the owner thereof, if a married man, shall not be valid 
without the signature of the wife to the same. 

Sec. 3. The homestead of a family, after the death of the 
owner thereof, shall be exempt from the payment of his debts, 
contracted after the adoption of this Constitution, in all cases, 
during the minority of his children. 

Sec. 4. If the owner of a homestead die, leaving a widow, 
but no children, the same shall be exempt, and the rents and 
profits thereof shall accrue to her benefit during the time of 
her widowhood, unless she be the owner of a homestead in 
her own right. 

Sec. 5. The real and personal estate of every female, 
acquired before marriage, and all property to which she may 
afterwards become entitled by gifts, grant, inheritance, or 
devise, shall be and remain the estate and property of such 
female, and shall not be liable for the debts, obligations, or 
engagements of her husband, and may be devised or bequeathed 
by her as if she were unmarried. 



CONSTITUTION OF THE STATE. 19 r 

ARTICLE XVII. 

MILITIA. 

*Sec. i. The militia shall be composed of all able bodied 
male citizens between the ages of eighteen and forty-five 
years, except such as are exempted by the laws of the United 
States, or of this State ; but all such citizens, of any religious 
denomination whatever, who, from scruples of conscience, 
may be averse to bearing arms, shall be excused therefrom, 
upon such conditions as shall be prescribed by law. 

Sec. 2. The Legislature shall provide bylaw for organiz- 
ing, equipping, and disciplining the militia, in such manner 
as they shall deem expedient, not incompatible with the laws 
of the United States. 

Sec. 3 Officers of the militia shall be elected or ap- 
pointed, and be commissioned in such manner as may be 
provided by law. 

ARTICLE XVIII. 

MISCELLANEOUS PROVISIONS. 

Sec. i. Members of the Legislature, and all officers, exec- 
utive and judicial, except such officers as may by law be 
exempted, shall, before they enter on the duties of their respec- 
tive offices, take and subscribe the following oath or affirma- 
mation : "I do solemnly swear (or affirm) that I will support 
the Constitution of the United States, and the Constitution 
of this State, and that I will faithfully discharge the duties of 

the office according to the best of my ability." 

And no othi r oath, declaration, or test shall be required as a 
qualification for any office or public trust. 

♦By an amendment proposed by the Legislature of 1869, and approved by the peo- 
ple at the general election of 1870, the wcrd " white " was stricken out of this section. 



192 



CIVIL GOVERNMENT. 



Sec. 2. When private property is taken for the use or 
benefit of the public, the necessity for using such property, and 
the just compensation to be made therefor, except when to- 
be made by the State, shall be ascertained by a jury of twelve 
freeholders, residing in the vicinity of such property, or by 
not less than three commissioners, appointed by a Court of 
Record, as shall be prescribed by law. {Provided, The forego- 
ing provision shall in no case be construed to apply to the 
action of commissioners of the highways in the official dis- 
charge of their duties as Highway Commissioners.*] 

Sec. 3. No mechanical trade shall hereafter be taught to 
convicts of the State Prison of this State, except the manu- 
facture of those articles of which the chief supply for home 
consumption is imported from other States or countries. 

Sec, 4. No navigable stream in this State shall be either 
abridged or damned without authority from the Board of 
Supervisors of the proper county, under the provisions of law. 
No such law shall prejudice the right of individuals to the 
free navigation of such streams, or preclude the State from 
the further improvement of the navigation of such streams. 

Sec 5. An accurate statement of the receipts and expen- 
ditures of the public moneys shall be attached to and published 
with the laws at every regular session of the Legislature. 

Sec 6. The laws, public records, and the written judicial 
and legislative proceedings of the State, shall be conducted, 
promulgated, and preserved in the English language. 

Sec 7. Every person has a right to bear arms for the 
defense of himself and the State. 

Sec 8. The military shall, in all cases, and at all times, 
be in strict subordination to the civil power. 

♦Amendment adopted by the Legislature of 1S59, approved by the people at 
the general election of 1860. 



CONSTITUTION OF THE STATE. 1 93, 

Sec. 9. No soldier shall, in time of peace, be quartered 
in any house without the consent of the owner or occupant r 
nor in time of war except in a manner prescribed by law. 

Sec. 10. The people have the right peaceably to assemble 
together, to consult for the common good, to instruct their 
Representatives, and to petition the Legislature for redress of 
grievances. 

Sec. 11. Neither slavery nor involuntary servitude, unless 
for the punishment of crime, shall ever be tolerated in this 
State. 

Sec. 12. No lease or grant hereafter, of agricultural land,, 
for a longer period than twelve years, reserving any rent or 
service of any kind, shall be valid. 

Sec. 13. Aliens who are, or who may hereafter become, 
bona fide residents of this State, shall enjoy the same rights in 
respect to the possession, enjoyment, and inheritance of prop- 
erty, as native-born citizens. 

Sec. 14. The property of no person shall be taken for 
public use without just compensation therefor. Private roads 
may be opened in the manner to be prescribed by law ; but 
in every case the necessities of the road, and the amount of 
all damages to be sustained by the opening thereof, shall be 
first determined by a jury of freeholders ; and such amount, 
together with the expenses of proceedings, shall be paid by 
the person or persons to be benefited. 

Sec. 15. No general revision of the laws shall hereafter 
be made. When a reprint thereof becomes necessary, the 
Legislature, in joint convention, shall appoint a suitable per- 

to collect together such acts and parts of acts as are in 
force, and, without alteration, arrange them under appropriate 
heads and titles. The laws so arranged shall be submitted to- 



194 CIV1L GOVERNMENT. 

two commissioners, appointed by the Governor, for examina- 
tion, and if certified by them to be a correct compilation of all 
.general laws in force, shall be printed in such manner as shall 
be prescribed by law. 

ARTICLE XIX. 

UPPER PENINSULA. 

Sec. i. The counties of Mackinac, Chippewa, Delta, 
Marquette, Schoolcraft, Houghton, and Ontonagon, and the 
islands and territory thereunto attached, the islands of Lake 
Superior, Huron, and Michigan, and in Green Bay, and the 
Straits of Mackinaw, and the River Ste. Marie, shall constitute 
a separate judicial district, and be entitled to a District Judge 
and District Attorney, 

Sec. 2. The District Judge shall be elected by the electors 
of such district, and shall perform the same duties, and possess 
the same powers, as a Circuit Judge in his circuit, and shall 
hold his office for the same period. 

Sec. 3. The District Attorney shall be elected every two 
years by the electors of the district, shall perform the duties 
of Prosecuting Attorney throughout the entire district, and 
may issue warrants for the arrest of offenders in cases of 
felony, to be proceeded with as shall be prescribed by law. 

Sec. 4. Such judicial district shall be entitled at all times 
to at least one Senator, and until entitled to more by its pop- 
ulation, it shall have three members of the House of Repre- 
sentatives, to be apportioned among the several counties by the 
Legislature. 

Sec. 5. The Legislature may provide for the payment of 
the District Judge a salary not exceeding one thousand dol- 
lars a year; and of the District Attorney, not exceeding seven 



CONSTITUTION OF THE STATE. I95. 

hundred dollars a year ; and may allow extra compensation 
to the members of the Legislature from such territory, not 
exceeding two dollars a day during any session. 

[Sec. 6. That elections for all district or county officers, 
State Senators or Representatives, within the boundaries 
denned in this article, shall take place on the Tuesday suc- 
ceeding the first Monday of November, in the respective years 
in which they may be required ; the county canvass shall be 
held on the first Monday thereafter, and the district canvass 
on the third Monday of said November.*] 

Sec. 7. One-half of the taxes received into the treasury 
from mining corporations in the Upper Peninsula, paying an 
annual State tax of one per cent, shall be paid to the Treasurers 
of the counties from which it is received, to be applied for 
township and county purposes, as provided by law. The Legis- 
lature shall have power, after the year one thousand eight hun- 
dred and fifty-five, to reduce the amount to be refunded. 

Sec 8. The Legislature may change the location of the 
State Prison from Jackson to the Upper Peninsula. 

Sec 9. The charters of the several mining corporations 
may be modified by the Legislature, in regard to the term 
limited for subscribing to stock, and in relation to the quan- 
tity of land which a corporation shall hold ; but the capital 
shall not be increased, nor the time for the existence of char- 
ters extended. Xo such corporation shall be permitted to 
purchase or hold any real estate, except such as shall be neces- 
sary for the exercise of its corporate franchises. 

* Amendment adopted by the Legislature of 1S61, approved by the people at 
the general election of 1SG2. 



CIVIL GOVERNMENT. 



*ARTICLE XIX— A. 

OF RAILROADS. 

Sec. i. The Legislature may, from time to time, pass 
laws establishing reasonable maximum rates of charges for the 
transportation of passengers and freight on different railroads 
in this State, and shall prohibit running contracts between 
such railroad companies whereby discrimination is made in 
favor of either of such companies as against other companies 
owning connecting or intersecting lines of railroads. , 

Sec. 2. No railroad corporation shall consolidate its 
stock, property, or franchises with any other railroad corpo- 
ration owning a parallel or competing line ; and in no case 
shall any consolidation take place except upon public notice 
given of at least sixty days to all stockholders, in such manner 
as shall be provided by law. 

ARTICLE XX. 

AMENDMENT AND REVISION OF THE CONSTITUTION. 

Sec. i. Any amendment or amendments to this Consti-. 
tution may be proposed in the Senate or House of Represen- 
tatives. If the same shall be agreed to by two-thirds of the 
members elected to each House, such amendment or amend- 
ments shall be entered on the journals respectively, with the 
yeas and nays taken thereon, and the same shall be submitted 
to the electors at the next [f spring or autumn election there- 
after, as the Legislature shall direct ; ] and if a majority of the 
electors qualified to vote for members of the Legislature, vot- 
ing thereon, shall ratify and approve such amendment or 
amendments, the same shall become part of the Constitution. 

♦Amendment adopted by the Legislature in extra session, 1870, approved by the 
people at the general election oflSTO. 

tAmendment adopted by the Legislature of 1875, approved by the people at the 
general election of 1S62. 



CONSTITUTION OF THE STATE. Igj 

[Sec. 2. At the general election to be held in the "year 
one thousand eight hundred and sixty-six, and in each six- 
teenth year thereafter, and also at such other times as the 
Legislature may by law provide, the question of the general 
revision of the Constitution shall be submitted to the electors 
qualified to vote for members of the Legislature ; and in case 
a majority of the electors so qualified, voting at such election, 
shall decide in favor of a convention for such purpose, the 
Legislature, at the next session, shall provide by law for the 
election of such delegates to such convention. All the amend- 
ments shall take effect at the commencement of the year after 
their adoption,*] 



SCHEDULE. 

That no inconvenience may arise from the changes in the 
Constitution of this State, and in order to carry the same into 
complete operation, it is hereby declared that, 

Sec. i. The common law, and the statute laws now in 
force, not repugnant to this Constitution, shall remain in force 
until they expire by their own limitations, or are altered or 
repealed by the Legislature. 

Sec. 2. All writs, actions, causes of action, prosecutions, 
and rights of individuals and of bodies corporate, and of the 
State, and all charters of incorporation, shall continue ; and 
all indictments which shall have been found, or which may 
hereafter be found, for any crime or offense committed before 
the adoption of this Constitution, maybe proceeded upon as 
if no change had taken place. The several courts, except as 

•Amendment adopted by the Legislature of 1861, approved by the people at the 
general election of 1S62. 



I98 CIVIL GOVERNMENT. 



herein otherwise provided, shall continue with the like powers 
and jurisdiction, both at law and in equity, as if this Consti- 
tution had not been adopted, and until the organization of 
the judicial department under this Constitution. 

Sec. 3. That all fines, penalties, forfeitures, and escheats 
accruing to the State of Michigan under the present Con- 
stitution and laws, shall accrue to the use of the State under 
this Constitution. 

Sec. 4. That all recognizances, bonds, obligations, and 
all other instruments entered into or executed before the 
adoption of this Constitution, to the people of the State of 
Michigan, to any State, county, or township, or any public 
officer, or public body, or which may be entered into or exe- 
cuted under existing laws, " to the people of the State of 
Michigan," to any such officer, or public body, before the 
complete organization of the departments of government 
under this Constitution, shall remain binding and valid, and 
rights and liabilities upon the same shall continue, and may 
be prosecuted as provided by law. And all crimes and mis- 
demeanors and penal actions shall be tried, punished, and 
prosecuted as though no change had taken place, until other- 
wise provided by law. 

Sec. 5. A Governor and Lieutenant Governor shall be 
chosen under the existing Constitution and laws, to serve after 
the expiration of the term of the present incumbent. 

Sec. 6. All officers, civil and military, now holding any 
office or appointment, shall continue to hold their respective 
offices, unless removed by competent authority, until super- 
seded under the laws now in force, or under this Constitution. 

Sec. 7. The members of the Senate and House of Repre- 
sentatives of the Legislature of one thousand eight hundred 



CONSTITUTION OF THE STATE, 199 

and fifty-one, shall continue in office, under the provisions of 
law, until superseded by their successors, elected and qualified 
under this Constitution. 

Sec. 8. All county officers, unless removed by competent 
authority, shall continue to hold their respective offices until 
the first day of January, in the year one thousand eight hun- 
dred and fifty-three. The laws now in force as to the election, 
qualification, and duties of township officers, shall continue in 
force until the Legislature shall, in conformity to the provisions 
of this Constitution, provide for the holding of elections to 
fill such offices, and prescribe the duties of such officers res- 
pectively. 

Sec 9. On the first day of January, in the year one 
thousand eight hundred and fifty-two, the terms of office 
of the Judges of the Supreme Court under existing laws, and 
of the Judges of the County Courts, and of the Clerks of the 
Supreme Court, shall expire on the said day. 

Sec. 10. On the first day of January, in the year one 
thousand eight hundred and fifty-two, the jurisdiction of all 
suits and proceedings then pending in the present Supreme 
Court shall become vested in the Supreme Court established 
by this Constitution, and shall be finally adjudicated by the 
court where the same may be pending. The jurisdiction of 
all suits and proceedings at law and equity, then pending in 
the Circuit Courts and County Courts for the several counties, 
shall become vested in the Circuit Court of the said counties, 
and District Court for the Upper Peninsula. 

Sec. 11. The Probate Courts, the Courts of Justices of 
the Peace, and the Police Court authorized by an act entitled 
"An act to establish a Police Court in the city of Detroit," 
approved April second, one thousand eight hundred and fifty, 



200 CIVIL GOVERNMENT. 



shall continue to exercise the jurisdiction and powers now 
conferred upon them respectively, until otherwise provided 
by law. 

Sec. 12. The office of State Printer shall be vested in 
the present incumbent until the expiration of the term for 
which he was elected under the law then in force ; and all 
the provisions of the said law relating to his duties, rights, privi- 
leges, and compensation, shall remain unimpaired and invio- 
late until the expiration of his said term of office. 

Sec. 13. It shall be the duty of the Legislature, at their 
first session, to adapt the present laws to the provisions of this 
Constitution, as far as may be. 

Sec. 14. The Attorney General of the State is required 
to prepare and report to the Legislature, at the commence- 
ment of the next session, such changes and modifications in 
existing laws as may be deemed necessary to adapt the same 
to this Constitution, and as may be best calculated to carry 
into effect its provisions ; and he shall receive no additional 
compensation therefor. 

Sec. 15. Any territory attached to any county for judi- 
cial purposes, if not otherwise represented, shall be consid- 
ered as forming part of such county, so far as regards elec- 
tions for the purpose of representation. 

Sec. 16. This Constitution shall be submitted to the 
people for their adoption or rejection, at the general election 
to be held on the first Tuesday of November, one thousand 
eight hundred and fifty; and there shall also be submitted for 
adoption or rejection, at the same time, the separate resolution 
in relation to the elective franchise ; and it shall be the duty 
of the Secretary of State, and all other officers required to 
give or to publish any notice in regard to the said general 



CONSTITUTION OF THE STATE. 201 

election, to give notice, as provided by law in case of an elec- 
tion of Governor, that this Constitution has been duly sub- 
mitted to the electors at said election. Every newspaper 
within this State publishing, in the month of September next, 
this Constitution as submitted, shall receive as compensation 
therefor the sum of twenty-five dollars, to be paid as the 
Legislature shall direct. 

Sec. 17. Any person entitled to vote for members of the 
Legislature, by the Constitution and laws now in force, shall, 
at the said election, be entitled to vote for the adoption or 
rejection of this Constitution, and for or against the resolution 
separately submitted, at the places and in the manner provided 
by law for the election of members of the Legislature. 

Sec. 18. • At the said general election, a ballot-box shall 
be kept by the several Boards of Inspectors thereof, for receiv- 
ing the votes cast for or against the adoption of this Con- 
stitution; and on the ballots shall be written or printed, or 
partly written and partly printed, the words "Adoption of 
the Constitution — yes," or "Adoption of the Constitution — 
no." 

Sec 19. The canvass of the votes cast for the adoption 
or rejection of this Constitution, and the provision in relation 
to the elective franchise separately submitted, and the returns 
thereof, shall be made by the proper canvassing officers, in 
the same manner as now provided by law for the canvass and 
return of the votes cast at an election for Governor, as near 
as may be ; and the return thereof shall be directed to the 
Secretary of State. On the sixteenth day of December next, 
or within five days thereafter, the Auditor General, State 
Treasurer, and Secretary of State shall meet at the Capital, 
and proceed, in presence of the Governor, to examine and 
14 



202 



CIVIL GOVERNMENT. 



canvass the returns of the said votes, and proclamation shall 
forthwith by made by the Governor of the result thereof. 
If it shall appear that a majority of the votes cast upon the 
question have thereon "Adoption of the Constitution — yes," 
this Constitution shall be the supreme law of the State from 
and after the first day of January, one thousand eight hundred 
and fifty-one, except as is herein otherwise provided ; but if 
a majority of the votes cast upon the question have thereon 
"Adoption of the Constitution — no," the same shall be null 
and void. And in case of the adoption of this Constitution, 
said officers shall immediately, or as soon thereafter as prac- 
ticable, proceed to open the statements of votes returned from 
the several counties for Judges of the Supreme Court and 
State officers under the act entitled "An act to amend the 
revised statutes, and to provide for the election of certain 
officers by the people, in pursuance to an amendment of the 
Constitution, approved February sixteenth, one thousand eight 
hundred and fifty," and shall ascertain, determine, and certify 
the results of the election for said officers under said acts, in 
the same manner, as near as may be, as is now provided by 
law in regard to the election of Representatives in Congress. 
And the several judges and officers so ascertained to have 
been elected, may be qualified and enter upon the duties of 
their respective offices on the first Monday of January next, 
or as soon thereafter as practicable. 

Sec 20. The salaries or compensation of all persons 
holding office under the present Constitution shall continue 
to be the same as now provided by law, until superseded by 
their successors elected or appointed under this Constitution ; 
and it shall not be lawful hereafter for the Legislature to 
increase or diminish the compensation of any officer during 
the term for which he is elected or appointed. 



CONSTITUTION OF THE STATE. 2C>3 

Sec. 21. The Legislature, at their first session, shall pro- 
vide for the payment of all expenditures of the Convention 
to revise the Constitution, and of the publication of the same 
as is provided in this article. 

Sec. 22. Every county except Mackinac and Chippewa, 
entitled to a Representative in the Legislature at the time of 
the adoption of this Constitution, shall continue to be so 
entitled under this Constitution ; and the county of Saginaw, 
with the territory that may be attached, shall be entitled to 
one Representative ; the county of Tuscola, and the terri- 
tory that may be attached, one Represensative ; the county of 
Sanilac, and the territory that may be attached, one Repre- 
sentative; the counties of Midland and Arenac, with the 
territory that may be attached, one Representative; the 
county of Montcalm, with the territory that may be attached 
thereto, one Representative; and the counties of Newaygo 
and Oceana, with the territory that may be attached thereto, 
one Representative. Each county having a ratio of repre- 
sentation and a fraction over, equal to a moiety of said ratio, 
shall be entitled to two Representatives, and so on above that 
number, giving one additional member for each additional 
ratio. 

Sec 23. The cases pending and undisposed of in the 
late Court of Chancery, at the time of the adoption of this 
Constitution, shall continue to be heard and determined by 
the Judges of the Supreme Court. But the Legislature shall, 
at its session in one thousand eight hundred and fifty-one, 
provide by law for the transfer of said causes that may 
remain undisposed of on the first day of January, one thou- 
sand eight hundred and fifty-two, to the Supreme or Circuit 
Court, established by this Constitution, or require that the 



•204 CIVIL GOVERNMENT. 

same may be heard and determined by the Circuit Judges. 

Sec. 24. The term of office of the Governor and Lieu- 
tenant Governor shall commence on the first day of January 
next after their election. 

Sec. 25. The territory described in the article entitled 
" Upper Peninsula," shall be attached to and constitute apart 
of the third circuit for the election of a Regent of the Uni- 
versity. 

Sec. 26. The Legislature shall have authority, after the 
expiration of the term of office of the District Judge first 
elected for the Upper Peninsula, to abolish said office of Dis- 
trict Judge and District Attorney, or either of them. 

Sec. 27. The Legislature shall, at its session of one 
thousand eight hundred and fifty-one, apportion the Repre- 
sentatives among the several counties and districts, and divide 
the State into Senate districts, pursuant to the provisions of 
this Constitution. 

Sec. 28. The terms of office of all State and county offi- 
cers, of the Circuit Judges, members of the Board of Educa- 
tion, and members of the Legislature, shall begin on the first 
day of January next succeeding their election. 

Sec. 29. • The State, exclusive of the Upper Peninsula, 
shall be divided into eight judicial circuits, and the counties 
of Monroe, Lenawee, and Hillsdale shall constitute the first 
circuit ; the counties of Branch, St. Joseph, Cass, and Berrien 
shall constitute the second circuit ; the county of Wayne shall 
constitute the third circuit ; the counties of Washtenaw, Jack- 
son, and Ingham shall constitute the fourth circuit ; the coun- 
ties of Calhoun, Kalamazoo, Allegan, Eaton, and Van Buren 
shall constitute the fifth circuit : [the] counties of St. Clair, 
Macomb, Oakland, and Sanilac shall constitute the sixth cir- 



CONSTITUTION OF THE STATE. 205 

cuit ; the counties of Lapeer, Genessee, Saginaw, Shiawassee, 

Livingston, Tuscola, and Midland shall constitute the seventh 

circuit ; and the counties of Barry, Kent, Ottawa, Ionia, 

Clinton, and Montcalm shall constitute the eight circuit. 

Done in Convention, at the Capital of the State, this fifteenth 

day of August, in the year of our Lord one thousand 

eight hundred and fifty, and of the Independence of the 

United States the seventy-fifth. 

D. GOODWIN, 

Preside?it. 




INDEX. 



IjTOEX. 



The number of each reference refers to the page. 

A 

Acts, defined, 48 ; when to take effect, 48. 

Adjutant General, 123, 126; rank of, 123; compensation of, 123; duties 

of, 124 ; 
Administrator, defined, 57. 
Agricultural colleges, 100. 
Agricultural College, State, 101. 
Agriculture, State Board of, 101, 102, 107; institutes for the promotion 

of, 102. 
Agricultural societies, 103. 
Aldermen, ^3, 4°; time of election, 33, 65, 66, 73; term of office, 33; 

duties of, 36; members of Board of Registration and Board of In- 
spectors of Election, 68,69, 74; compensation of, 37; vacancy in 

office, 37. 
Amendments to the Constitution, State, 7; United States, 143. 
Appointments by the Governor, 11, 101, no, III, 113, 114, 115, 116, 117, 

123, 124, 126, 127. 
Apportionment of Taxes, 79, 81 ; certificates of, 80. 
Assessment of property, 78, 80 ; review of assessment roll, 78. 
Assessor of school district, term of office, 94; duties of, 94; member of 

District Board, 93, 108; bonds of, 94; 
Associations, teachers', 104, 105. 
Asylums, 112, 113 ; 
Attorney General, 8, 13, 63 ; time of election, 8, 65, 66, 73 ; term of office, 

8; duties of, 11, 59; salary of, 14; vacancy in office, 9; removal of, 

49, 50; United States, 144, 145, 147, 149. 
Attorneys, 56, 57, 63; how licensed, 56. 
Auditor General, 8, 13; time of election, 8, 65, 66, 73; term of office, 8; 

duties of, 10; salary of, 13; vacancy in office, 9; removal of, 49, 50. 
Auditors, Board of County, 22. 



2IO INDEX. 



Ballot-box, care of, 69; tampering with, 75. 

Ballots, 69, 70; counting of, 70, 

Bills, how passed, 47, 48; when introduced, 48. 

Births and deaths, by whom ascertained, 26. 

Blind, the, no; instution for educating, in. 

Boards and commissioners, 9, 13; how selected, n ; powers of, II. 

Boards, State Board of Agriculture, 101, 102, 107. Boards of Control, 109, 
III, 114, 115; Board of County Auditors, 22; Boards of Canvassers, 
68, 71, 72 ; District Board, 93, 108 ; State Board of Education, 86, 91, 
107 ; Board of Inspectors, 68, 69, 116 . Board of Managers of House 
of Correction, 115 ; Board of Regents, 100, 107 ; Boards of Registra- 
tion, 63, 74; Board of Supervisors, 21, 23 ; Board of School Inspectors, 
27, 30, 87, 108; of Corrections and Charities, 117, 118; Township 
Board, 29, 30; Boards of Trustees, 95, 108, 113; Boards of Visitors, 
86, 98, 100; County Board of School Examiners, 88, 89, 90, 108. 

Bonds of State Treasurer, 10 ; of county officers, 16; of township officers, 
25, 80; of Assessor of School district, 94; of Quartermaster General, 
124. 



Cabinet, President's, 144. 

Campaign, political, 137. 

Canvassers, 68, 70, 74; county, 71 ; district, 71, 72; State, 72. 

Canvass of votes for township and city officers, 70; for county officers, 
Senators, and Representatives, 71, 72; Judges of Circuit Courts, Con- 
gressmen, and State officers, 72. 

Census, by whom taken, 26 ; school, 95. 

Chairman of Township Board, 25; of Board of Inspectors of Election, 
69; of Board of School Inspectors, 89; of school meetings, 94; of 
District Board, 93. 

Charitable institutions, 109-113. 

Charter, defined, 32. 

Chief Justice, 12, 59. 



INDEX. 211 



Circuit Court Commissioner, 16, 23,63; time of election, 16, 65, 66, 73; 
term of office, 16; duties and powers of, 20, 55; compensation of, 20; 
number of, 20 ; vacancy in office, 20; removal of, 49. 

Circuit Courts, jurisdiction of, 54; officers of, 54, 63. 

Circuit Courts, United States, 147-149. 

Circuit Judge, 16, 23, 63; time of election, 16, 65, 66, 76; term of office, 
16; duties of, 20, 55; salary of, 20; removal of, 49. 

Circuits, judical, 20, 54. 

Cities, 32, 38,; incorporation of, 32; officers of, 33, 39. 

Citizen, duty of, 76. 

City Attorney, 37. 

City Clerk, duties of, 34. See City officers. 

City Collector, duties of, 35. See City officers. 

City officers, 33,39; time of election, 33, 65 66,73; term °f office, 33; 
Compensation of, 37 ; vacancy in office, 37 ; canvass of votes for. 70, 74. 

City Surveyer, 37. 

City Treasurer, duties of, 34, 35. See City officers. 

Civil action, defined, 52. 

Clerk, county, 16, 17, 23; townsh*p, 24, 25, 26, 30; city, 33, 34, 39 ; of 
House of Representatives, 44; Engrossing and Enrolling, 44 ; of Cir- 
cuit Court, 55, 63; of Supreme Court, 59, 63; of various Boards, 17, 
29, 70, 71, 74, 93; of United States Courts, 147-148. 

Codicil, defined, 58. 

Collector. See City Collector. 

Colleges, 106. 

Commander in Chief, 9, 123, 126; Staff, of, 123, 126. 

Commissioned officers, 127. 

Commissioner of Highways. See Highway Commissioner. 

Commissioner of the Land Office, 8, 13; time of election, 8, 65, 66, 73; 
term of office, 8; duties of, 11 ; member of State Board of Canvassers, 
72, 74; salary of, 13; vacancy in office, 9; removal of, 49, 50. 

Commissioners, how selected, 11. 

Commissions of officers of the militia, 126, 127. 

Committees, standing, 45, 46. 

Compensation of State officers, 13, 14; of county officers, 17, 18, 19, 20, 
21,22; of township officers, 30; of city officers, 37 ; of Stenographer, 



2X2 INDEX. 



55; of Reporter, 59; of Crier, 60; of United States officers, 149, 150. 

Common Council, 32,39; how constituted, 36 ; powers of, 36, 37. 

Comptroller, 34. 

Congress, 146, 149. 

Constables, 24, 25, 30; time of election, 24, 65, 66, 73; term of office, 
25 ; duties of, 28, 29, 53 ; compensation of, 30 ; vacancy in office, 25 ; 
removal of, 49. 

Constables, city, duties of, 36. See City officers. 

Constitution, State, 7, 151 ; revision and amendments, 7; unwritten con- 
stitution, 7. 

Constitution, United States, 143 ; amendments, 143. 

Conventions, State, order of business, 1 31-139; county, 131, 138; dis- 
trict, 132, 138. 

Coroners, 16, 23; time of election, 16, 65, 66, 73; term of office, 16; 
duties of, 19; compensation of, 20; vacancy in office, 20; removal of, 

49- 
Corporations, defined, 31 ; kinds of, 31 ; distinguishing features of, 31. 
Council, Common, 36, 37, 39; village, 38, 40. 
Counties, why formed, 15. 

County Agents of Board of Corrections and Charities, 118. 
County Canvassers, 68, 71, 74. 
County Clerk, 16, 23; time of election, 16, 65, 66, 73; term of office, 16; 

duties of, 17, 62, 79, 94; clerk of Board of Supervisors, 17 ; clerk of 

County and of District Canvassers, 71, 72; compensation of, 17; 

vacancy in office, 17; removal of, 50. 
County officers, 15-23; time of election, 16, 65, 66, 73 ; canvass of votes 

for, 71, 74, ; term of office, 16; compensation of, 17, i8 r 19, 20, 21, 22; 

vacancy in office, 17, 18, 19, 20, 21 ; removal of, 49, 50. 
County Poor, how provided for, 22. 
County seat, 16. 
County Surveyor, 16, 23; time of election, 16, 65, 66, 73 ; term of office, 

16; duties of, 19; compensation of, 19; vacancy in office, 20 ; removal 

of, 49. 
County Treasurer, 16. 23; time of election, 16, 65, 66, 73; term of office, 

16; duties of, 17, 18; compensation of, 18; vac mcy in office, 18; 

removal of, 49. 



INDEX. 213 



Courts, 51, 63; Justices', 52 ; Municipal, 53; Detroit, 53; Circuit, 54; 

Probate, 57; Supreme, 58; United States, 147, 148, 149. 
Court martial, ^25. 
Court of Claims, 148. 

Crier of the Supreme Court, 60, 63 ; compensation of, 6d. 
Criminal action, defined, 52. 
Criminal, 67, 121. 



Deaf and dumb and blind, no; institution for educating, in. 

Deaths, by whom ascertained, 26. 

Decisions of inferior courts, 52, 54, 57, 58. 

Deed, defined, 18. 

Denominational institutions, 105, 106. 

Depaitmcms of government, 8; United States, 143. 

Deputies of Sheriff, 17; of County Clerk, 17; of Township Clerk, 26. 

Detroit, courts, 53, 64; election of city officers, 67; House of Correction, 

115, 116. 
Director, school, term of office, 93 ; duties of, 94, 95 ; member of District 

Board, 93, 108. 
District Board, 93, 108; how constituted, 93; when members of are 

elected, 94; term of office, 94; duties of, 93; vacancy in office, 94. 
District Convassers, 68, 71, 72, 74. 
Districts, judical, 20; senatorial, 41 ; representative, 42; congressional, 

District Courts, United States, 148. 

District school, 92; fractional, 92. 

Drain Commissioner, township, 24, 25, 30; time of election, 24, 65, 66, 

73; term of office, 25 ; duties of, 28; compensation of, 30; vacancy 

in office, 28; removal of, 49. 



Eastern Asylum for the Insane, 112. 

Education, State Board of, 86, 107; when members of are elected, 66, 107. 



214 INDEX. 



Educational institutions, 97, 99, 101, 106, 109. 

Educational system, 82. 

Elections, 65-75; officers elected, 65, 73; time of election, 66; general 
election, 66; April election, 66; March election, 67; Boards of Reg- 
istration, 68; Inspectors of Election, 69; Clerks of Election, 70; 
canvass of votes, 70-72; when persons declared elected, 75; pun- 
ishment for bribery, etc., 75. 

Electors, presidential, 145, 146, 

Engrossing and Enrolling Clerks, 44. 

Executor, defined, 57. 

Equalization of taxes, 78. 

Executive department, 8 ; State, 13; county, 23; township, 30; cities and 
villages, 39, 40; United States, 143, 149. 

F 

Fence viewers, 27, 30; duties of, 28; compensation of 30. 

Fines, how applied, 18. 

Fire Department, Chief of, 37. 

Fractional district, 92. 

G 

Government, departments of, 8, 143; seat of, 41. 

Governor, 8, 13 ; time of election,8, 65, 66, 73; term of office, 8; duties 
of, 9; Commander-in-Chief, 9; power to make certain appointments, 
11; to remove certain officers, 49, 50; member of certain State 
Boards, 115, 116; salary of, 13, vacancy in office, 9; removal of, 49. 

Graded schools, 95 ; powers of trustees of, 96. 

Grand jury, 60, 61, 64. 

H 

Highway Commissioner, 24, 25, 30; time of election, 24, 65, 66, 73; 

term of office, 25 ; duties of, 27; compensation of, 30; vacancy in 

office, 25 ; removal of 49. 
House of Correction, Ionia, 115; Detroit, 115, 116. 
House of Representatives, how constituted, 42; powers of, 43; officers of, 

44, 45; United States, 146, 149. 



INDEX. 215 



Impeachment of public officers, 49, 

Industrial Home for Girls, 1 13, 114, 1 19. 

Insane persons, III, 112; asylums for, 112, 113, 1 1 9. 

Inspector General, 123, 126; duties of, 124. 

Inspectors of Election, 68, 69, 74; duties of, 69, 70; of Detroit House of 

Correction, 115, 116; of State Prison, 116, 117. 
Institutes, teachers', 103, 104, 105 ; for the promotion of agriculture, 102. 
Institution for Educating the Deaf and Dumb and Blind, ill, 119. 



Jail, county, custady of, 17; general supervision of, 21. 

Judge Advocate, 123, 125, 126. 

Judges of Circuit Courts, 20, 23, 55, 63; of Probate Courts, 20, 23, 57, 

63; of United States Courts, 147, 148, 149, 150. See Circuit Judge 

and Probate Judge. 
Judges of the Supreme Court, 12, 13, 59, 63; time of election, 65, 66; 

term of office, 12; powers of, 12, compensation of, 14; vacancy in 

office, 9, 59 ; removal of, 49. 
Judicial circuits, 54. 
Judicial departments, 8, 51-64, 143; State, 13, county, 23; township, 30. 

cities and villages, 39, 40; United States, 147, 149. 
Juries, 60, 61, 64. 
Jurisdiction, defined, 52; of Justices' Courts, 52; of Detroit Courts, 53; 

of Circuit Courts, 54; of Probate Courts, 57; of Supreme Court, 58; 

of United States Courts, 147, 148. 
Jurors, drawing of, 61, 62; compensation of, 62 ; persons exempt from 

serving as, 62. 
Justices' Courts, jurisdiction of, 52 ; officers of, 63. 
Ju tices of the Peace, 24, 25, 30; time of election, 24, 65, 66, 73; term 

of office, 25 ; duties of, 28, 53 ; two, members of Township Board, 29 ; 

one, member of Township Board of Inspectors, 69 ; compensation of, 

30; vacancy in office, 25; removal of, 49. 
Justices of the Peace, city, duties of, 35. See City officers. 



2l6 INDEX. 



Lands for educational purposes, 82, 83. 

Laws, publication of, io, 48 ; when to take effect, 48 ; must not conflict 
with the Constitution, 7, 12. 

Legislative bodies, 49, 50. 

Legislative department, 8 ; State, 13, county, 23 ; township, 30 ; cities and 
villages, 39, 40; United States, 146, 149. 

Legislature, State, 12, 13; when members are elected and term of office 
41; compensation, 14; plac: and time of meeting, 41 ; members of, 
42 ; privileges of members, 44 ; officers of, 43, 44 ; organization of each 
House, 45 ; standing committees, 45, 46 ; quorum of each House, 46 , 
how subjects are presented to, 47 ; passing of bills, 47 ; acts, 48 ; why 
two Houses, 49. 

Libraries, school, 85 ; district, 88 ; township, 87. 

Lieutenant Governor, 8, 13 ; time of election, 8, 65, 66, 73; term of office, 
8 ; presiding officer of the Senate, 9 ; when to act as Governor, 9 ; 
compensation of, 13 ; removal of, 49, 50. 

Local legislation, conferred by, 12. 

M 

Marriages, 28. 

Marshal, duties and powers of, 35. See City officers. 

Mayor, duties and powers of, 3S- See Citv officers. 

Message of Governor, 9, 45. 

Michigan Asylum for the Insane, 113. 

Military companies, 122; term of enlistment, 122; equipments of, 122; 

compensation of officers and privates, 123. 
Military duty, persons exempt from, 12 1. 
Military forces, 120 ; subordinate to civil power, 122 ; Legislature act as a 

check upon, 125. 
Military officers, 126, 127. 
Military Secretary, 123, 126; 
Militia, 120-127; enrolled, 121; active, 121, 122, principal officers of, 

123, officers of, 126, 127. 
Ministerial officer, defined, 29. 



INDEX. 217 



Moderator to township meeting, 25 ; of District Board, 93, 94. 
Moderator, school, term of office, 94; duties of 94; member of District 

Beard, 93, 108. 
Mortgage, defined, 18. 
Municipal courts, 53. 

N 

Nomination of officers, 131 ; State, 136. 

Non-commissioned officers, 127. 

Normal School, 97, 98, 99; certificates of, 98. 

Notaries Public, 64; how appointed, 62; term of office, 62; duties of, 62. 

o 

Oath of office, 8. 

Officers, State, 7-14; county, 15-23; township, 24-30; city and village, 

31-40; of the Legislature, 43, 44, 45 ; of courts, 53-64; of elections, 

68-74; for the apportionment and collection of taxes, 77-81 ; school,. 

85-108; military, 123-127; United States, 143-150. 
One-mill tax, 84, 85, 93. 
Ordinances, defined, 37. 
Overseers of Highways, 27, 30 ; time of election and term of office, ' 7;. 

duties of, 27 ; compensation of, 30 ; act as fence viewers, 28. 

P 

Pardons, by whom granted, 9. 

Parties, political, 131. 

Penalties for preserving the purity of elections, 75. 

Personal property exempt from taxation, 77. 

Petit jury, 61, 64. 

Pomological societies, 103. 

Platform, adoption of, 1 36. 

Police court, 53, 64 ; jurisdiction of, 54. 

Political machinery, 129-139. 

Polls, when opened and clo ed, 69 ; meaning of, 70. 

Poor, relief and support of, 22 ; Superintendents of, 22, 23. 

Pos master General, 144, 145, 149. 



2l8 INDEX. 



Pound, defined, 29 ; compensation of persons driving stray animals to, 29. 

Pound Master, duiies of, 29 ; compensation of, 29. 

Presiding officer of Common Council, 34 ; of the Senate, 9, 44, 45 ; of the 

House of Representatives, 44; of the United States Senate, 146; of 

United States House of Representatives, 146. 
President of the United States, 143, 144, 149; election of, 145, 146; of 

the Senate, 9, 44, 45. 
President pro tempore of Common Council, 34 ; of Senate, 43. 
Primary school fund, origin of, 82 ; disposition of, 83. 
Probate Court, jurisdiction of, 57 ; officers of, 63. 
Probate Judge, 16, 23 ; time of election, 16, 65, 66, 73 ; term of office, 16 ; 

duties of, 20; salary of, 21 ; vacancy in office, 21 ; removal of, 49. 
Probate Register, 63 ; duties of, 64. 
Property subject to taxation, 76 ; exempt from taxation, 77 ; statement of 

taxable, 77; assessment of, 78. 
Prosecuting Attorney, 16, 23, 63 ; time of election, 16, 65, 66, 73; term 

of office, 16; duties of, 19, 56; compensation of, 19; removal of, 49. 
Public school system, 82-108. 
Public Schools. See schools. 

Q, 

Qualifications of Governor and Lieutenant Governor, 9. 
Quartermaster General, 123, 126; rank of, 123; duties of, 1 24; compen- 
sation of, 123; bonds of, 124. 
Quorum of Senate and House of Representatives, 46. 

R 

Recorder, 34. 

Recorder's court, 53, 64; jurisdiction of, 54. 

Reformatory and penal institutions, 113-117. 

Reform School, 1 13, 114. 

Regiments, 122; officers of, 126. 

Register of Deeds, 16, 23 ; time of election, 16, 65, 66, 73 ; term of office, 

16; duties o r , 18; compensation of, 18; removal of, 49. 
Register, Probate, 63, 64. 



INDEX. 219- 



Registration, 6S ; time of, 68, 69 ; Boards of, 68, 74. 

Regents, Board of, 10:, 107; election of, 67. 

Removal from office. 49, 50. 

Reporter of the Supreme Court, 58, 63; how appointed, 59; duties of, 59; 

salary of, 59. 
Reports of school officers, 94; of Secretary of State Board of Agriculture, 

102 ; of Superintendent of Public Instruction, 86. 
Representative districts, 21, 42. 
Representatives, 42 ; privileges of, 44 ; compensation of, 14; canvass of 

votes for, 72, 74; United States, 146. 
Revenue bills, United States, 146. 

s 

Salaries of officers. See compensation of officers. 

School district, 92. 

School Examiners, 88 ; election of, 88 ; joint meeting of, organization of 
the Board of, 89. 

School Inspectors, 24, 25, 30 ; time of election, 25, 65, 66, 73 ; term of 
office, 25 ; duties of, 26; members of the Board of School Inspectors, 
89. 108; compensation of, 30; vacancy in office, 25; removal of, 49. 

School Inspectors, Board of, 26, 87, 108; duties of, 87; chairman of, 88. 

School libraries, 85 ; how supported, 85 ; management of, 88. 

School meetings, 92; when held, 92, 95, 108; powers of, 92; qualifica- 
tions of voters, 93. 

School month, 93. 

Schools, visitation of, 88 ; support of, 82, 83, 84 ; district, 92 ; graded, 95. 

School taxes, 84. 

School Trustees, powers of, 96; term of office, 96. 

Sergeants -at -Arms, 44; duties of, 45. 

Secretary of State, 8, 13 ; time of election, 8, 65, 66, 73 ; term of office, 
8 ; duties of, 10; member of State Board of Canvassers, 72, 74; salary 
of, 13; vacancy in office, 9; removal of, 49, 50; United States, 144. 

Secretary of the Interior, 144, 145, 149. 

Secretary of the Navy, 144, 145, 149. 

Secretary of the State Board of Agriculture, 102 ; report of, 102. 

Secretary of the Senate, 44. 



220 INDEX. 



Secretary of the Treasury, 144, 149. 
Secretary of War, 144, 145, 149. 
Sections, 83. 

Seriate, how constituted, 41 ; powers of, 42 ; officers of, 43, 44, 45 ; United 
States, 146, 149. 

Senatorial districts, 41. 

Senators, 41, 42; privileges of, 44; compensation of, 14; canvass of votes 
for, 72, 74; United States, 146. 

Sheriff, 16- 23, 63 ; time of election, 16, 65, 66, 73 ; term of office, 16; 
duties of, 16, 17, 56; compensation of 17; vacancy in office, 17; 
removal of, 49; of the Supreme Court, 60, 63. 

Speaker, duties of, 44; compensation of, 14; United States, 146, 149. 

Staff of Commander-in-Chief, 123, 126. 

Standing committees, 45, 46. 

State Agricultural Society, 103 ; Board of Agriculture, 10 1 ; Board of Edu- 
cation, 98; Canvassers, 72 ; Central Committee, 133, 136; Commis- 
sioners, 116, 117; Convention, 132-139; House of correction, 115, 
116; Institutions, 109-119; Military Board, 124, 125, 127; Pomologi- 
cal Society, 102; Prison, 116, Public School, 109; Reform School, 
113, 114; Teachers' Association, 105. 

State Legislature. See Legislature. 

State officers, 7-14; time of election, 8, 65, 66, 73; canvass of votes for, 
72, 74; term of office, 8; salaries of, 13, 14; vacancy in office, 9 ; 
removal of, 49, 50. 

State Treasurer, 8, 13 ; time of election, 8, 65, 66, 73 ; term of office, 8; 
duties of, 10; member of State Board of Canvassers, 72, 74; salary 
of, 13; vacancy in office, 9 ; removal of, 49, 50. 

Statement of taxable property, 77, 78 ; of votes, 70, 71, 72. 

Stenographer, 55, 63; how appointed, 55 ; compensation of, 55. 

Street Commissioner, duties of, 35. See City officers. 

Summaries, State officers, 13; county officers, 23; township officers, 30 ; 
city and village officers, 39, 40; legislative bodies, 50; courts and officers 
of courts, 63 ; elections and election of officers, 73, 74; taxation, 81 ; 
colleges, 106; school officers, 107, 108; State institutions, 119; military 
officers, 126, 127; caucuses and conventions, 138 ; order of business at 
State Convention; 13S, 139 ; officers of the United States, 149. 



INDEX. 221 



Superintendent of Public Instruction, 8, 13, 107; time of election, 8, 
6 5» 66 , 73 ; term of office, 8; duties of, II, 85, 86, 87; report of, 86; 
member of State Board of Education, 86; salary of, 14; vacancy in 
office, 9 ; removal of, 49, 50. 

Superintendent of Schools, State, 8, II, 13, 85, 86, 87. 

Superintendents of the Poor, 22, 23 ; by whom elected and term of office, 
22 ; duties of, 22 ; compensation of, 22. 

Superior Court, 53, 64 ; jurisdiction of, 54. 

Supervisor, 24, 25, 30 ; time of election, 24, 65, 66, 73 ; term of office, 
25 ; duties of, 25, 26, 77, 7S, 80, 81, 1 12; moderator of township meet- 
ing, 25 ; chairman of Township Board, 25 ; representative of township, 
25; member of Board of Supervisors, 21 ; of Board of Regi tration, 
68; of Board of Inspectors of Election, 69, 74; compensation of, 30; 
vacancy in office, 25 ; removal of, 49. 

Supervisor, ward, duties of, 36; member of Board of Supervisors, 21 ; 
of Board of Inspectors of Election, 69, 74. See City officers. 

Supervisors, Board of, 21, 23; how constituted, 21 ; duties of, 21, 78, 79, 
81. 

Supreme Court, 12, 63; jurisdiction of, 12, 58; terms of, 58; officers of, 
58, 63 ; United States, 147, 149 

Surveyor, coun y, 16, 19, 23; city, 37. 

Swamp lands, 8^. 



Taxable property, 76, 77 ; statement of, 77 ; assessment of, 78. 
Taxation, 76-81 ; property subject to, 76, 77; property exempt from, 77. 
Taxes, 78-81 ; equalization of, 78; apportionment of, 79, 81 ; cert fie tes 

of apportionment of, 80; assessment of, 80; collection of, 80, 81 ; time 

of collection, 80; school, 84. 
T-ac ers' associations, 104, 105. 
Teachers' certificates, 91. 

Teachers, examination of, 87, 90 ; prohibited from, 92. 
Teachers' institutes, 103, 104, 105; support of, 91, 104. 
Tie vote, 71, 72. 
Title, defined, 18. 



222 INDEX. 



Township Board, 25, 30; how constituted, 29; duties and powers of, 29 y 

compensation of members, 30. 
Township Clerk, 24, 25, 30 ; time of election, 24, 65, 66, 73 ; term of 

office, 25 ; duties of, 26, 89 ; member of Township Board, 26, 29 ; 

of Board of Registration, 68, 74; of Board of Inspectors of Election, 

69, 74; of Board of School Inspectors, 87, 108; compensation of, 30;. 

vacancy in office, 25 ; removal of, 49. 
Township Drain Commissioner. See Drain Commissioner. 
Township meetings, 24, 30; when held, 24; powers of, 24. 
Township officers, 24-30; time of election, 24, 65,66, J2> canvass of 

votes for, 70 ; term of office, 25 ; compensation of, 30 ; vacancy in 

office, 25 ; removal of, 49. 
Township poor, how provided for, 22. 

Townships, 21, 24 ; principal officer and representative of, 25. 
Township Treasurer, 24, 25, 30; time of election, 24, 65 66, 73; term of 

office, 25 ; duties of, 26, 80, 81 ; member of Board of Registration, 68, 

74 ; compensation of, 30 ; vacancy in office, 25 ; removal of, 49. 
Treasurer, State, 8, 10, 13; county, r6, 17, 18, 23; township, 24, 25, 26^ 

30; city, 33, 34, 39; village, 38/40; of District Board, 93, 94. 
Trustees, village, 38; school, 96, 108; of State institutions, 109-119. 



u 



Under sheriff, 17,63; how appointed, 17; when to serve as Sheriff, 17. 
United States, Cjnstitu.ion of, 143; government of, 141, 150; courts of,, 

U7, 149. 
University, 99, 1 00. 
Upper Peninsula, compensation of members from, 14. 

V 

Vacancies, Governor, 9; county officers, 17, 18, 19, 20, 21; township offi- 
cers, 25 ; city officers, 37. 
Vice President, 145, 146, 149. 
Villages, 37, 38. 



INDEX. 22' 



Village officers, 3S, 40 ; time of election, 65, 67, 73 ; term of office, 38 ; 

duties of, 3S. 
Visitors, Boaids of, 86, 98, 100. 

Voters, qualified, 67 ; privileges of, 67 ; limitations, 67 ; challenge of, 70 ; 

at school meetings, 93. 
Votes, counting of, 70; statement of, 70; Canvassers of, 70, 71, 72, 74; 

tie in, 71. 72. 

w 

Ward, denned, 24. 

Warden of House of Correction, 115 ; of State Prison, 116. 

Ward officers, ^^ } 39. See City officers. 

Warrant, defined, 53. 

Writ, defined, 53. 

Y 

Vcas and nays on final passages of bill, 47 



